Allen v Robbie

The appeal concerned a motor vehicle accident where the plaintiff, a pedestrian, was struck by a car driven by the defendant as it turned onto a roadway. The primary dispute revolved around the findings of fact made by the trial judge and whether those findings adequately supported the conclusions reached. The appeal was heard by McColl and Simpson JJA, and Harrison J.

The court was required to determine whether the trial judge had made sufficient findings of fact to justify his conclusions regarding the negligence of the parties. Additionally, the court considered whether the trial judge had engaged in a rational examination and analysis of the evidence presented. A further issue was whether the trial judge erred in rejecting the tender of an expert report, specifically concerning whether the expert possessed the requisite special or particular knowledge of the plaintiff’s pre-accident work and whether the opinions offered were based on that expertise. Finally, the court had to assess whether the plaintiff’s pre-accident earnings accurately reflected her earning capacity for the purposes of calculating economic loss.

The appellate court found that the trial judge had made sufficient findings of fact to support his conclusions and had rationally examined the evidence. Regarding the expert report, the court held that the expert did not possess the necessary specialised knowledge to offer opinions on the plaintiff’s earning capacity, and therefore the rejection of the report was not an error. The court also determined that the plaintiff’s pre-accident earnings were not a genuine reflection of her earning capacity.

Consequently, the appeal was dismissed with costs.