Lewis v Shimokawa

The appeal in *Lewis v Shimokawa* concerned a motor vehicle accident and allegations of negligence. The appellant, Ms Lewis, appealed a decision of the trial judge who had made findings of fact adverse to her. The primary dispute revolved around whether Ms Lewis was inside her vehicle at the time of a second collision.

The Court of Appeal was required to determine whether the trial judge erred in rejecting Ms Lewis's evidence and accepting the evidence of the respondent's witnesses. Specifically, the court considered whether the evidence of the respondent's witnesses had been improperly contaminated by post-accident discussions and the actions of an investigator. Further issues included whether there were "incontrovertible facts" inconsistent with the trial judge's findings, and whether those findings were "glaringly improbable" or "contrary to compelling inferences." The court also considered whether the content of an expert report should have been specifically referred to by the trial judge.

The Court of Appeal found no basis to interfere with the trial judge's decision. The court applied principles relating to appellate review of findings of fact, particularly concerning the credit of witnesses. The trial judge's findings were upheld, with the court concluding that the appellant had not established that the findings were demonstrably wrong or that the evidence relied upon by the respondent had been rendered unreliable.

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