Crosthwaite v Dewit

Crosthwaite v Dewit involved a dispute over repair costs following a vehicle collision. The applicant sought to appeal a tribunal decision that dismissed their claim for $4,429.86 in repair costs. The applicant argued that the tribunal's findings were inconsistent with compelling facts, and that they should not bear the entire cost of the repairs. The respondent, on the other hand, submitted that the tribunal's findings were open and that the applicant failed to meet their burden of proof.

The legal issue before the court was whether the appellate powers could be exercised to disturb the tribunal's findings or inferences of fact. The court found that even on the applicant's own case, the respondent should contribute 50 per cent of the liability for the cost of repairing the damage to the applicant's vehicle. The tribunal's findings that the collision was caused by the applicant's failure to see the respondent already in the lane to his left before he crossed into it were inconsistent with two key facts asserted by the applicant. The first was that the respondent was in the same lane following behind the applicant when he passed the Mobil Service Station about 200 metres from the intersection and about 95 metres from the start of the turn left only lane. The second was that the point of impact was at the very commencement of both the turning lane and the bike lane. The tribunal failed to fully appreciate the applicant's explanation about the relative positions of the cars shown in Annexure B at 1-11:10-30.

The tribunal granted leave to appeal and allowed the appeal. The tribunal's decision was set aside and an order that the respondent pay the applicant $2,214.93 and $315.70 filing costs was substituted.