State Rail Authority of NSW v Brown (2006) 66 NSWLR 540

Facts: Plaintiff (Pl) (Brown) brought a claim for compensation for injuries sustained by travelling on a train. Defendant (D) (State Rail Authority NSW) accepted liability, but challenged the amount, suggesting some of Pl’s injuries were pre-existing & some claims were false. At trial, the trial judge (TJ) allowed D to adduce evidence in cross-examination (CE) re the extent of pre-existing injuries & false claims made to social security (credibility evidence). However, TJ did not allow D to adduce evidence re a previous compensation claim commenced by Pl for dental damage, but was later withdrawn by Pl. D appealed, arguing the teeth claim went to Pl’s credibility. 

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