Kassem v Crossley

The appeal in *Kassem v Crossley* concerned a motor vehicle accident and the subsequent assessment of damages. The appellant, Kassem, appealed a decision made by a trial judge.

The central legal issue before the Court of Appeal was whether the trial judge had fairly disclosed her intention to rely upon her observations of the appellant's behaviour in the courtroom when reaching her final judgment. Specifically, the court considered whether the trial judge's silence on this matter until the reserved judgment was delivered constituted a denial of procedural fairness to the appellant.

The Court of Appeal held that the trial judge's failure to inform the appellant of her intention to rely on her observations of his courtroom demeanour denied him a procedural fairness. The court reasoned that an appellant should have an opportunity to address or persuade the decision-maker regarding any conduct that might be viewed unfavourably. By withholding this intention until the final judgment, the appellant was deprived of this opportunity.

The appeal was allowed.