Sangha v Baxter

Sangha (Appellant) appealed to the Court of Appeal of New South Wales against a decision of the primary judge in a negligence action brought by Baxter (Respondent). The Appellant had raised defences of self-defence, criminal enterprise, and contributory negligence at trial, which the primary judge largely rejected.

The Court of Appeal was required to determine whether the primary judge erred in law by failing to give adequate reasons for their decision, particularly in relation to the Appellant's defences. The Court also considered whether the primary judge had erred in principle in assessing contributory negligence and whether the defence of illegality under section 54 of the *Civil Liability Act 2002* (NSW) was applicable.

The Court found that the primary judge had failed to properly engage with the Appellant's case in their reasons, which appeared to have been given without the aid of a transcript and omitted reference to significant parts of the evidence. This failure constituted an error of law. The Court also determined that the primary judge had erred in principle in the apportionment of liability for contributory negligence. While the defence of illegality was discussed, the Court did not make a final determination on its application in this instance, focusing instead on the inadequacy of the primary judge's reasons.

Consequently, the Court of Appeal upheld the appeal, set aside the judgment and orders of the trial judge, and remitted the matter to the District Court for a retrial. The Respondent was ordered to pay the Appellant's costs of the appeal, with the costs of the trial to be determined at the remitted trial.