CATLEY v STONE [1996] NSWCA 96

CATLEY v STONE [1996] NSWCA 96

The Court of Appeal held that the appellant did not establish, on the available evidence, that the tarpaulin obscured the lights prior to the collision and that the trial judge's findings were not to be disturbed given the absence of incontrovertible evidence to the contrary.

Parties
Appellant: Catley; Respondent: Stone
Jurisdiction
Australia
Judgment Date
27 June 1996
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Motor Vehicle Accident, Negligence, Appeals, Assessment of Evidence
Tort Law Motor Vehicle Accident Negligence Appeals Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Catley

Appellant

Stone

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding for the defendant in a motor vehicle accident where the rear lights of the defendant's semi-trailer were alleged to be obscured by a tarpaulin.

Ratio Decidendi

The Court of Appeal held that the appellant did not establish, on the available evidence, that the tarpaulin obscured the lights prior to the collision and that the trial judge's findings were not to be disturbed given the absence of incontrovertible evidence to the contrary.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal will be dismissed with costs.