Croucher v Cachia

The appeal in *Croucher v Cachia* concerned a dispute between neighbours where the respondent, Mr Cachia, was found to have recklessly injured the appellant, Mr Croucher, with gardening shears following an altercation. The appeal was heard by Beazley P, Ward and Leeming JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge had made an appellable error in failing to resolve all issues of fact and credit, in failing to adequately grapple with the defendant's case, and in making findings as to damages. The court also considered the relationship between trespass to the person and the *Civil Liability Act 2002* (NSW), specifically section 3B(1)(a), in circumstances where recklessness was found, and the elements of self-defence under sections 52 and 53 of that Act.

The Court of Appeal found that the primary judge had erred in failing to resolve all issues of fact and credit, and in failing to adequately address the defendant's case. The court determined that the findings of fact were insufficient to determine all legal issues, particularly in relation to the defence of self-defence. Consequently, the appeal was allowed, the judgment of the primary judge was set aside, and the matter was remitted to the District Court for a new trial on all issues, except for the quantification of damages. The parties were also referred to court-annexed mediation.