VUKOVIC v RIZK [1992] NSWCA 263

VUKOVIC v RIZK [1992] NSWCA 263

The trial judge's apportionment of 50% contributory negligence to the appellant was based on a clear preference for the respondent's version of the accident, and this preference was supported—not contradicted—by the contemporaneous evidence in the police notebook. No clear error or incontrovertible evidence...

Source-derived case information.

Parties
Appellant: Anne Vukovic; Respondent: Mouna Rizk
Jurisdiction
Australia
Judgment Date
08 July 1992
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Contributory Negligence, Apportionment, Motor Vehicle Accident, Appeal, Judicial Comment
Negligence Contributory Negligence Apportionment Motor Vehicle Accident Appeal Judicial Comment

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Parties

Anne Vukovic

Appellant

Mouna Rizk

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the apportionment of 50% contributory negligence to the appellant was correct; Whether the trial judge's preference for evidence and comments on witness conduct justified appellate intervention; Whether contemporaneous police notebook evidence required a different factual finding

Ratio Decidendi

The trial judge's apportionment of 50% contributory negligence to the appellant was based on a clear preference for the respondent's version of the accident, and this preference was supported—not contradicted—by the contemporaneous evidence in the police notebook. No clear error or incontrovertible evidence justified appellate interference; thus, the apportionment stood.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.