John Evans v Hudson Building Supplies Pty Ltd [2008] NSWCA 359

John Evans v Hudson Building Supplies Pty Ltd [2008] NSWCA 359

The District Court’s findings attributing majority liability to Mr Nunn were not supported by evidence that he failed to indicate or brake appropriately; the judgment below was based on speculation and improper assessment of the evidence and burden of proof, necessitating a retrial limited to liability.

Parties
First Appellant: John Evans; Second Appellant: Gregory Nunn; First Respondent: Hudson Building Supplies Pty Ltd; Second Respondent: Stephen Dye
Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Appeal / Appellate Judgment
Outcome
Appeal allowed; judgment below set aside; matter remitted for re-hearing on the issue of liability only; respondents to pay appellants’ costs; costs of first trial left to re-trial judge; certificate under Suitors' Fund Act 1951 for qualified respondents.
Legal Topics
Negligence, Motor Vehicle Accidents, Assessment of Liability, Apportionment of Responsibility
Torts Negligence Motor Vehicle Accidents Assessment of Liability Apportionment of Responsibility

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Parties

John Evans

First Appellant

Gregory Nunn

Second Appellant

Hudson Building Supplies Pty Ltd

First Respondent

Stephen Dye

Second Respondent

Procedural Posture

Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the findings of liability and apportionment in the District Court were supported by the evidence regarding the activation of tail lights, brake lights, and indicator lights, and the vehicles' respective braking patterns in a motor vehicle collision involving three vehicles.

Ratio Decidendi

The District Court’s findings attributing majority liability to Mr Nunn were not supported by evidence that he failed to indicate or brake appropriately; the judgment below was based on speculation and improper assessment of the evidence and burden of proof, necessitating a retrial limited to liability.

Court Disposition

Appeal allowed; judgment below set aside; matter remitted for re-hearing on the issue of liability only; respondents to pay appellants’ costs; costs of first trial left to re-trial judge; certificate under Suitors' Fund Act 1951 for qualified respondents.

Orders

  • The appeal be allowed.
  • The judgment below be set aside.