Manly Fast Ferry Pty Ltd v Wehbe [2021] NSWCA 67 (23 April 2021) (Gleeson JA at [1], Leeming JA at [114], Simpson AJA at [161])


Catchwords:


COURTS AND JUDGES – procedural fairness – judicial intervention – where expert witness conclave conducted via audio visual and audio link – whether excessive judicial questioning of experts – whether real danger that trial was unfair – whether the trial miscarried

DAMAGES – assessment of damages in tort – personal injury – where respondent suffered injury to left knee when ferry collided with wharf – whether respondent suffered compensatory injury to right knee by favouring left – whether primary judge erred in awarding damages for injury to respondent’s right knee

EVIDENCE – expert evidence – where competing medical evidence – whether primary judge substituted own medical opinion for that of the expert

DAMAGES – assessment of damages in tort – personal injury – where respondent could no longer perform certain house maintenance tasks – where those tasks carried out by respondent’s brothers – whether primary judge erred in awarding respondent damages for commercial domestic assistance