High Court of Australia

Lee v Lee [2019] HCA 28

Hsu v RACQ Insurance Limited

Lee v RACQ Insurance Limited

4 Sep 2019

Case Number: B61/2018 B62/2018 B63/2018

Before

Kiefel CJ, Bell, Gageler, Nettle, Edelman JJ

Catchwords

Insurance law – Motor vehicles – Personal injury – Where appellant injured in motor vehicle collision – Where appellant gave evidence father driving vehicle at time of collision – Where appellant alleged injuries caused by negligence of father – Where appellant’s blood located on driver's airbag – Where expert evidence relating to possible source of blood – Where expert evidence relating to seatbelt and airbag design – Where trial judge concluded appellant driving vehicle – Where Court of Appeal dismissed appeal – Whether trial judge's findings glaringly improbable or contrary to compelling inferences.
Appeal – Rehearing – Where trial judge drew inferences and made findings of fact based on lay and expert evidence – Where Court of Appeal found inferences wrong in material respects – Whether Court of Appeal erred in failing to conclude trial judge misused advantage as trial judge – Whether Court of Appeal failed to conduct "real review" of evidence given and trial judge's reasons for judgment.
Words and phrases – "contrary to compelling inferences", "glaringly improbable", "real review", "trial judge's advantage".
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