Navaei v Red Lea Chickens Pty Ltd

Navaei appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The dispute concerned a claim for damages for a knee injury sustained by the appellant. The primary judge had found that while the injury had made pre-existing degenerative changes symptomatic, those changes would have become symptomatic in any event.

The Court of Appeal was required to determine whether the primary judge had erred in accepting the medical opinion relied upon and whether the primary judge had provided sufficient reasons for their findings. The appellant contended that the primary judge had made an error in accepting the medical evidence and that the reasons provided were insufficient.

The Court of Appeal, comprising Handley JA and Giles JA, found no error in the primary judge's acceptance of the medical opinion or in the sufficiency of the reasons provided. The Court held that it was not enough for the appellant to point to evidence that could have supported a different finding; the appellant had to demonstrate an error of law or fact. As no such error was shown and the reasons were deemed sufficient, the appeal did not raise a question of principle.

The appeal was dismissed with costs.