Singh v McKey Distribution Pty Ltd

Singh (the appellant) brought a work injury claim against McKey Distribution Pty Ltd (the respondent) under the *Motor Accidents Compensation Act 1999* (NSW). The appellant alleged that the respondent, his employer, had been negligent, leading to his injury. The primary judge had found that the respondent was not negligent. The appellant appealed this decision to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary judge had erred in finding no negligence on the part of the respondent. Specifically, the appellant argued that the primary judge failed to adequately consider the objective evidence presented and made errors in assessing the credibility of witnesses. The appeal did not raise any questions of general legal principle.

The Court of Appeal reviewed the evidence and the primary judge's findings. The Court found no error in the primary judge's assessment of the evidence or the credibility of the witnesses. The primary judge's conclusion that the respondent had not been negligent was upheld.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs.