High Court of Australia

Fuller-Lyons v New South Wales [2015] HCA 31

2 Sep 2015

Case Number: S81/2015

Before

French CJ, Bell, Gageler, Keane, Nettle JJ

Catchwords

Torts – Negligence – Personal injury – Liability – Inferential fact-finding – Where appellant suffered severe injuries when he fell from train operated by respondent – Where primary judge found appellant fell from train as consequence of respondent's negligence – Whether New South Wales Court of Appeal erred in rejecting primary judge's finding on basis of alternative hypotheses about appellant's fall, not entailing negligence by respondent, being equally open – Whether Court of Appeal erred in rejecting primary judge's finding on basis appellant failed to exclude other possible explanations for known facts – Whether Court of Appeal erred in rejecting primary judge's finding on basis appellant failed to exclude hypothesis not explored in evidence.

Words and phrases – "inferential fact-finding".
PDF   RTF



PDF MD5: d50274ce2ecbe68173699f79a3e4658a
RTF MD5: b6579d48b58584fb42313965a7eddb67