Strinic v Singh

Case [2009] NSWCA 15


Reported Decision: 74 NSWLR 419[2009] ALMD 440852 MVR 103

New South Wales


Court of Appeal


CITATION: Strinic v Singh [2009] NSWCA 15
HEARING DATE(S): 12 November 2008
 
JUDGMENT DATE: 

19 February 2009
JUDGMENT OF: Beazley JA at 1; Ipp JA at 134; Basten JA at 135
DECISION: 1. Appeal allowed;
2. Set aside the judgment and orders made in the Court below;
3. Order that the matter be remitted to the District Court for rehearing;
4. Order that the respondent pay the appellant’s costs of the appeal. The respondent is to have a certificate under the Suitors’ Fund Act 1951;
5. Order that the costs of the first trial abide the outcome of the rehearing in the District Court and be in the discretion of the trial judge on the rehearing.
CATCHWORDS: JUDGES AND COURTS - judicial obligation to make findings of fact on proved evidence - assumption by a judge that his/her knowledge of any particular matter is correct judicial review – procedural fairness - EVIDENCE - witnesses - assessment of the credit of a witness- assessment based on wrong factual findings - EVIDENCE - witnesses - assessment of the credit of a witness- reliance on individual judge’s own medical knowledge
LEGISLATION CITED: Motor Accidents Compensation Act 1999
Suitors’ Fund Act 1951
Supreme Court Act 1970, s 75A
CATEGORY: Principal judgment
CASES CITED: Abalos v Australian Postal Commission [1990] HCA 47; (1990) 171 CLR 167
ABC v Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199;
Arian v Nguyen [2001] NSWCA 5; (2001) 33 MVR 37
Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320
Coombes v RTA [2006] NSWCA 229
CSR Ltd v Della Maddalena [2006] HCA 1; (2006) 224 ALR 1
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Holland v Jones [1917] HCA 26; (1917) 23 CLR 149
JLT Scaffolding International Pty Ltd (In Liq) v Silva (New South Wales Court of Appeal, 30 March 1994, unreported)
Ohlstein bht Ohlstein v E & T Lloyd t/as Otford Farm Trail Rides [2006] NSWCA 226
Saunders v Adderley [1999] 1 WLR 884
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In Liq) [1999] HCA 3; (1999) 160 ALR 588
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165
PARTIES: Jovan Strinic (Appellant)
Ravindra Singh (Respondent)
FILE NUMBER(S): CA 40479/07
COUNSEL: B Toomey QC; G Bateman (Appellant)
D Russell SC; M Vesper; S Bouveng (Respondent)
SOLICITORS: Martin Bell & Co (Appellant)
Feguson-Bolten Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2362/04
LOWER COURT JUDICIAL OFFICER: Neilson DCJ
LOWER COURT DATE OF DECISION: 29 June 2007



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                          CA 40479/07

                          BEAZLEY JA
                          IPP JA
                          BASTEN JA

                          19 February 2009

Jovan Strinic v Ravindra Singh

Headnote

On 8 March 2000, Mr Strinic was injured in a motor vehicle accident when a vehicle collided with the rear of his vehicle. Mr Strinic brought proceedings against…

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Details
AGLC
Strinic v Singh [2009] NSWCA 15
Case
[2009] NSWCA 15
Decision Date

CaseChat Overview and Summary

The appeal concerned a dispute between the appellant, Mr Strinic, and the respondent, Mr Singh, heard in the Court of Appeal of New South Wales. The core of the disagreement revolved around the trial judge's findings of fact and assessment of witness credit, which the appellant argued were vitiated by errors of law.

The Court of Appeal was required to determine whether the trial judge had breached their judicial obligation to make findings of fact based solely on the evidence presented. Specifically, the court had to consider whether the judge had improperly relied on their own personal knowledge, including medical knowledge, in assessing the evidence and the credit of witnesses, rather than confining themselves to the proved facts. The central legal issue was whether such reliance constituted a denial of procedural fairness.

The Court of Appeal found that the trial judge had erred by making findings of fact that were not supported by the evidence and by relying on personal knowledge, including medical knowledge, in assessing the credibility of witnesses. This approach was held to be contrary to the fundamental principles of procedural fairness, which require judicial decision-making to be based on the evidence presented by the parties. The court concluded that the judge's assessment of credit was therefore flawed.

Consequently, the appeal was allowed. The judgment and orders of the Court below were set aside, and the matter was remitted to the District Court for a rehearing. The respondent was ordered to pay the appellant's costs of the appeal, with a certificate granted under the Suitors' Fund Act 1951. The costs of the first trial were to abide the outcome of the rehearing.

Orders

Orders of the court

1. Appeal allowed; 2. Set aside the judgment and orders made in the Court below; 3. Order that the matter be remitted to the District Court for rehearing; 4. Order that the respondent pay the appellant's costs of the appeal. The respondent is to have a certificate under the Suitors' Fund Act 1951; 5. Order that the costs of the first trial abide the outcome of the rehearing in the District Court and be in the discretion of the trial judge on the rehearing.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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