http://www.austlii.edu.au/au/cases/nsw/NSWCA/2013/414.html
APPEAL – challenge to findings of fact – challenge to contingent finding of contributory negligence – retrial required
EVIDENCE – client legal privilege – whether statement of defendant obtained by investigator for use by insurer is privileged – whether trial judge correctly assessed dominant purpose of statement – whether document a confidential communication – Evidence Act 1995 (NSW), ss 117, 118
NEGLIGENCE – motorcycle accident – damages agreed – whether question of liability was correctly determined – trial judge reasons do not record process of resolving disputed facts – erroneous fact-finding process