CHI CONG DUONG v BOURKE [1989] NSWCA 35

CHI CONG DUONG v BOURKE [1989] NSWCA 35

The appellant ran out from behind a truck, shielding himself from the respondent's early view, and the respondent did not exhibit any want of care. The trial judge's conclusion that the respondent was not negligent and had driven prudently was upheld.

Parties
Appellant: Chi Cong Duong; Respondent: Bourke
Jurisdiction
Australia
Judgment Date
30 November 1989
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Motor Vehicle Accidents
Tort Law Negligence Motor Vehicle Accidents

Case Brief

Summary, issues, holding and outcome

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Parties

Chi Cong Duong

Appellant

Bourke

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the respondent was negligent in the operation of his motor vehicle resulting in injury to the appellant.
  2. 2 Whether the trial judge failed to resolve conflicts in evidence or make adequate findings of fact.
  3. 3 Whether the trial judge reversed the onus of proof.

Ratio Decidendi

The appellant ran out from behind a truck, shielding himself from the respondent's early view, and the respondent did not exhibit any want of care. The trial judge's conclusion that the respondent was not negligent and had driven prudently was upheld.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.