Pt v Shorey

The parties to this appeal were Pt (the plaintiff) and Shorey (the defendant). The dispute concerned an award of damages for personal injury. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the trial judge erred in finding that the plaintiff had not exaggerated his injuries and whether the trial judge erred in finding a causal link between the plaintiff's fall and his subsequent conversion disorder.

The Court of Appeal found that the trial judge's credit-based finding that the plaintiff was not a malingerer was a finding of fact that could not be overturned. However, the Court held that the trial judge's finding as to the causal link between the fall and the conversion disorder was an error of law. The Court reasoned that the medical evidence did not support a finding that the fall was the cause of the conversion disorder, and that the trial judge had impermissibly speculated on this issue.

The appeal was allowed, and orders were made accordingly.