Recent Cases

Mt Pleasant Stud Farm Pty Ltd v McCormick [2022] NSWCA 191 (23 September 2022) (White, Brereton and Kirk JJA)


NEGLIGENCE — Causation — Increased risk of harm — Necessity of showing that the risk “came home” or eventuated

EVIDENCE — Opinion evidence — Exceptions — Expert opinion — Whether opinion of experienced horse trainer and breeder without tertiary qualifications based on specialised knowledge — Eccentric expressions used in report — Expert not required to engage in line-drawing exercise

APPEALS — From finding of fact — Function of appellate court — Credibility findings — Advantages of trial judge — Impressions formed by seeing and hearing witness not limited to observed demeanour