Habib v Radio 2UE Sydney Pty Ltd

The appeal in *Habib v Radio 2UE Sydney Pty Ltd* concerned a motor vehicle accident and allegations of contributory negligence. The appellant, Mr. Habib, sought to appeal a decision of the primary judge.

The central legal issues before the Court of Appeal were whether the primary judge erred in admitting certain medical reports, specifically whether an order limiting their effect under s 136 of the *Evidence Act 1995* (NSW) should have been revoked, and whether there was sufficient evidence to establish that Mr. Habib was contributorily negligent.

The Court of Appeal found no error in the primary judge's decision. It held that the primary judge was entitled to make the order under s 136 of the *Evidence Act 1995* (NSW) to limit the effect of the medical reports, as this was a proper exercise of discretion to ensure fairness and prevent prejudice. Furthermore, the Court concluded that there was sufficient evidence before the primary judge to support the finding of contributory negligence.

The appeal was dismissed, and Mr. Habib was ordered to pay the respondent's costs of the appeal.