Shoesmith v Cessnock Truck Tyre Centre Pty Ltd

Shoesmith (the appellant) appealed to the Court of Appeal of New South Wales against the quantum of damages awarded by the trial judge in favour of Cessnock Truck Tyre Centre Pty Ltd (the respondent). The dispute concerned the respondent's claim for damages arising from a motor vehicle accident, specifically challenging the trial judge's findings regarding the impairment of the respondent's earning capacity.

The primary legal issue before the Court of Appeal was whether the trial judge erred in assessing the quantum of damages, particularly in relation to the respondent's diminished earning capacity. This involved a review of the evidence presented at trial, including the admissibility and weight of the respondent's contemporaneous statements, and whether such evidence required corroboration.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's assessment. The court held that the trial judge was entitled to accept the respondent's evidence regarding his earning capacity and the impact of the accident upon it. The court also found that corroboration was not a prerequisite for accepting the respondent's testimony, and that the trial judge had properly considered all relevant evidence.

Consequently, the appeal was dismissed with costs, and the application for leave to appeal was also dismissed with costs.