Hare v Harmer

The appeal concerned a dispute between the appellant, Hare, and the respondent, Harmer, regarding injuries sustained by the appellant. The appeal was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary Judge had misapprehended the evidence, whether the reasons provided for the factual findings were adequate, and whether a substantial wrong or miscarriage of justice had occurred. The court was also required to determine whether it should make findings of fact on disputed matters or order a new trial.

The Court of Appeal found that the primary Judge had misapprehended the evidence and that the reasons for the factual findings were inadequate, leading to a substantial wrong or miscarriage of justice. Consequently, the court allowed the appeal, set aside the orders of the primary Judge, and directed that a new trial be held. This new trial was to be limited to determining the respondent's liability for the appellant's injuries, including any contributory negligence. The new trial would generally proceed on the existing evidence, but the primary Judge retained discretion to admit further evidence if deemed appropriate. The respondent was ordered to pay the appellant's costs of the appeal, with the costs of the trial and the new trial to be determined by the primary Judge.