Collaroy Services Beach Club Ltd v Haywood

In *Collaroy Services Beach Club Ltd v Haywood*, the appellant, Collaroy Services Beach Club Ltd, appealed a jury verdict concerning damages awarded to the respondent, Mr Haywood. The dispute centred on the admissibility of expert evidence presented at trial and whether the jury's award of damages was manifestly excessive. The appeal was heard by Ipp JA, McColl JA, and Bryson JA in the New South Wales Court of Appeal.

The primary legal issues before the Court were whether the expert evidence admitted at trial was relevant to the experts' specialised knowledge or merely served to inform the jury how the accident occurred, and consequently, whether the admission of such evidence constituted a substantial wrong or miscarriage of justice. Additionally, the Court considered whether a jury's award of damages could be reviewed by the Court and whether awards in other personal injury cases could be taken into account in such a review.

The Court examined the principles governing the admission of expert evidence, particularly in light of the requirement under SCR Pt 51 r 23 that a new trial will not be ordered unless a substantial wrong or miscarriage of justice has been occasioned by the improper admission of evidence. The Court referred to established authorities, including *Balenzuela v De Gail* and *Gerlach v Clifton Bricks Pty Ltd*, to confirm that a new trial is not warranted if the error could not reasonably be supposed to have influenced the result. The Court also considered the application of the "no substantial miscarriage of justice" proviso, as discussed in *Weiss v The Queen*, to the interpretation of SCR Pt 51 r 23.

The appeal was dismissed with costs.