CARCELLER v ANDREWS and ANOR [1996] NSWCA 91

CARCELLER v ANDREWS and ANOR [1996] NSWCA 91

On the findings of fact, particularly His Honour's acceptance of the respondent's evidence that he heard no siren or horn, there was no basis to hold that the respondent was negligent or acted unreasonably, and the appeal fails.

Source-derived case information.

Parties
Appellant: Carceller; Respondent: Andrews; Respondent: NSW Insurance Ministerial Corporation
Jurisdiction
Australia
Judgment Date
17 June 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Negligent Driving, Motor Vehicle Accident
Tort Negligent Driving Motor Vehicle Accident

Source-derived case record

Summary, issues, holding and outcome

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Parties

Carceller

Appellant

Andrews

Respondent

NSW Insurance Ministerial Corporation

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent was negligent in proceeding into the intersection when a police vehicle was approaching with its blue light and alternating horn sounding
  2. 2 Whether the relevant regulations applied at the time

Ratio Decidendi

On the findings of fact, particularly His Honour's acceptance of the respondent's evidence that he heard no siren or horn, there was no basis to hold that the respondent was negligent or acted unreasonably, and the appeal fails.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs