Ceva Logistics (Australia) Pty Ltd v Redbro Investments Pty Ltd

Ceva Logistics (Australia) Pty Ltd appealed to the Court of Appeal of New South Wales against a judgment of O'Toole DCJ. The dispute concerned the admissibility and use of medical and other reports containing history provided by the plaintiff, and the trial judge's failure to provide reasons for his conclusions, which the appellant argued led to a miscarriage of fact-finding.

The Court of Appeal was required to determine whether the trial judge erred in admitting and relying upon histories contained within medical and other reports provided by the plaintiff, particularly in light of section 60 of the *Evidence Act 1995* (NSW). Furthermore, the Court had to consider whether the absence of reasons from the trial judge's decision constituted a ground for appeal and, if so, what the appropriate remedy should be.

The Court allowed the appeal, finding that the trial judge's failure to give reasons for his conclusions meant that the fact-finding process had miscarried. The Court held that the histories within the reports were admissible under section 60 of the *Evidence Act 1995* (NSW) and that no limitation was sought under section 136 of that Act. However, the lack of reasons was a critical flaw.

Consequently, the judgment and orders of the trial judge were set aside, and a new trial of the proceedings was ordered. The respondent was ordered to pay the appellant's costs of the appeal, and a certificate was granted under the *Suitors' Fund Act 1951*. The costs of the proceedings at first instance were ordered to follow the outcome of the new trial.