Leszkiewicz v New South Wales Insurance Ministerial Corporation (Formerly Government Insurance Office of NSW)

The New South Wales Court of Appeal heard an appeal by the plaintiff, Leszkiewicz, against the decision of the trial judge who had dismissed her claim for damages for personal injury against the defendant, the New South Wales Insurance Ministerial Corporation (formerly the Government Insurance Office of NSW). The claim arose from a motor vehicle accident that occurred on 14 March 1987.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in finding that the plaintiff had failed to establish that the defendant's insured driver was negligent and that such negligence caused the plaintiff's injuries. Specifically, the court considered whether the evidence presented at trial supported the conclusion that the insured driver had breached his duty of care to the plaintiff.

The Court of Appeal reviewed the evidence, including the plaintiff's own testimony and the police report. It found that the trial judge had made an error in assessing the credibility of the plaintiff and in failing to properly consider the inferences that could be drawn from the evidence. The court determined that the plaintiff had discharged her onus of proof in establishing negligence on the part of the insured driver, and that the accident and her subsequent injuries were a direct consequence of that negligence.

The Court of Appeal allowed the appeal, set aside the judgment of the trial judge, and remitted the matter to the Supreme Court for assessment of damages.