Calin and Pelark v Apoyan

Calin and Pelark (the appellants) appealed a verdict entered in favour of Apoyan (the respondent) in a motor vehicle accident claim. The central dispute concerned the identity of the vehicle involved in the accident.

The Court of Appeal was required to determine whether the verdict for the absent defendant was demonstrably unsafe, given the disagreement between the parties regarding the specific vehicle that caused the collision.

The Court found that the evidence presented at trial, including the testimony of the respondent, was sufficient to support the jury's verdict. The appellants had failed to demonstrate that the verdict was unsafe or that any error had occurred during the proceedings. Consequently, the appeal was dismissed.

The appeal was dismissed with costs.