Seselja v Reardon & Anor

This matter came before the High Court of Australia on an application for special leave to appeal. The applicant, Mr. Linden Michael Reardon, sought leave to appeal against a decision of the Court of Appeal. The dispute concerned the assessment of the defendant driver's awareness and conduct at the time of a reversing manoeuvre that resulted in a collision with the applicant's vehicle.

The central legal issue before the High Court was whether the Court of Appeal erred in its review of the evidence and its findings, particularly in circumstances where it did not have the benefit of seeing and hearing the witnesses, unlike the primary judge. The applicant argued that the Court of Appeal, by purporting to conduct its own assessment of the defendant driver's mental state and making findings contrary to the primary judge, had engaged in an inappropriate review of the evidence and had not correctly applied established legal principles regarding appellate review.

Justice Keane, delivering the decision of the High Court, stated that the appeal foreshadowed by the application would not raise any issue of principle, but rather a dispute concerning the better understanding of the facts to which settled principles apply. Consequently, the High Court dismissed the application for special leave to appeal with costs.