Ryland v QBE Insurance (Australia) Ltd [2013] NSWCA 120

Facts: Plaintiff (Pl) visited a retail store and was injured when she fell from slipping over in a substance on the floor. Pl brought proceedings against the defendant (D) for negligence. Trial judge (TJ) found in favour of D. Pl appealed the decision arguing that the TJ compromised fairness of the trial by excessive intervention in questioning of witnesses. For this submission, the applicant relied upon statistical analysis of the number of questions asked in respect of each witness in examination, cross-examination, re-examination and the percentage of total questions.

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