Mai v Nguyen

Case [2024] NSWCA 215


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Mai v Nguyen [2024] NSWCA 215
Hearing dates: 23 August 2024
Date of orders: 02 September 2024
Decision date: 02 September 2024
Before: Mitchelmore JA at [1];
Kirk JA at [2];
Griffiths AJA at [62]
Decision:

(1) Appeal dismissed.

(2) The appellant is to pay the respondent’s costs.

Catchwords:

APPEALS – Adequacy of reasons – Brief ex tempore reasons – Distinct claim in tort not addressed – No substantial wrong or miscarriage occurred due to failure to address – Appellant not deprived of possibility of successful outcome

APPEALS – From findings of fact – Finders of fact entitled to degree of practical judgment with respect to certain matters – Limits of judicial notice – No substantial wrong or miscarriage – Failure to address claimed tendency to violence – Not necessary in every case for judge to determine whether to accept version of events given by party not bearing the onus

Legislation Cited:

Evidence Act 1995 (NSW), s 144

Uniform Civil Procedure Rules 2005 (NSW), r 51.53

Cases Cited:

Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336

Fox v Percy [2003] HCA 22; (2003) 214 CLR 118

Lee v Lee [2019] HCA 28; (2019) 266 CLR 129

Nobarani v Mariconte [2018] HCA 36; (2018) 265 CLR 236

Rixon v Star City Pty Ltd [2001] NSWCA 265; (2001) 53 NSWLR 98

Strinic v Singh [2009] NSWCA 15; (2009) 74 NSWLR 419

TL v The King [2022] HCA 35; (2022) 275 CLR 83

Category:Principal judgment
Parties: Van Mai (Appellant)
Thi Than Thuy Nguyen (Respondent)
Representation:

Counsel:
L Robison and L Smith (Appellant)
Q Nguyen (Respondent) (Sol)

Solicitors:
Santone Lawyers (Appellant)
QV Law (Respondent)
File Number(s): 2024/125397
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Civil
Citation:

Not applicable

Date of Decision:
07 March 2024
Before:
Weber DCJ
File Number(s):
2022/153529

HEADNOTE

[This headnote is not to be read as part of the judgment]

The appellant, Mr Van Mai, claimed that the respondent, Ms Thi Than Thuy Nguyen, falsely imprisoned him in one of the restaurants that he owned between 10pm on 12 June 2018 and 9am the next morning, and that she assaulted and battered him in that restaurant on 16 June 2018. His claims were dismissed by the District Court. He appealed with respect to the dismissal of the claims for assault and battery.

By eight grounds of appeal the appellant complained that the primary judge: (1) failed to exercise jurisdiction by reason of a failure to determine the appellant’s assault claim, as opposed to his claim for battery; (2) inappropriately substituted his own knowledge on matters of medical causation; (3) failed to address the respondent’s “history of violence” asserted in a tendency notice served by the appellant; (4) disregarded the appellant’s evidence even when corroborated by admissions made by respondent and by other evidence; (5) failed to assess the respondent’s credit; (6) misapplied the principles in

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AGLC
Mai v Nguyen [2024] NSWCA 215
Case
[2024] NSWCA 215
Decision Date

CaseChat Overview and Summary

The appeal in *Mai v Nguyen* concerned a dispute between the appellant and the respondent. The Court of Appeal of the Supreme Court of New South Wales was tasked with determining whether the trial judge's reasons for judgment were adequate, particularly in light of certain aspects of the case that were not explicitly addressed.

The primary legal issues before the Court of Appeal were whether the trial judge erred by failing to provide detailed reasons for rejecting a distinct claim in tort made by the appellant, and whether the judge's findings of fact, particularly concerning a claimed tendency to violence by the respondent, were sufficiently reasoned. The court was required to consider whether any perceived inadequacy in the reasons constituted a substantial wrong or miscarriage of justice.

Mitchelmore and Kirk JJA, with Griffiths AJA agreeing, held that while the trial judge's ex tempore reasons were brief and did not explicitly address the tort claim or the alleged tendency to violence, this did not occasion a substantial wrong or miscarriage. The court reasoned that the finder of fact is entitled to a degree of practical judgment, and it is not always necessary for a judge to determine every contested factual issue, especially when the onus of proof lies with the party making the claim. The court concluded that the appellant had not been deprived of the possibility of a successful outcome due to these omissions.

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

Orders

Orders of the court

(1) Appeal dismissed.

(2) The appellant is to pay the respondent’s costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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