Bezer v Bassan

The appeal concerned a motor vehicle accident and involved the parties Bezer and Bassan. The dispute centred on whether the primary judge's fact-finding process had miscarried, specifically in relation to the segmentation of their decision-making process. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the primary judge had erred in their approach to determining the facts of the case. This involved an examination of whether the primary judge had impermissibly segmented their decision-making process, thereby potentially leading to an incorrect or flawed factual determination.

The Court of Appeal found that the primary judge's approach was not flawed. Their Honours held that it is impermissible to segment a fact-finding process, implying that the primary judge had correctly considered the evidence holistically. Consequently, the appeal was dismissed. The court ordered that the appellant pay the respondent's costs.