EDIS v CHOUSEAS [1996] NSWCA 167

The defendant was not negligent, as the plaintiff entered the intersection against a red light while the defendant had a green arrow in her favour and reasonably believed the plaintiff would stop.

Parties: Appellant: Chouseas; Respondent: Edis
Jurisdiction: Australia
Judgment Date: 26 September 1996
Procedural Posture: Civil Appeal / Appeal
Outcome: appeal allowed
Legal Topics: Motor Vehicle Accidents, Negligence, Apportionment of Liability

Tort Law Motor Vehicle Accidents Negligence Apportionment of Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Chouseas

Appellant

Edis

Respondent

Procedural Posture

Civil Appeal / Appeal

Legal Issues

1 Whether the defendant was negligent in causing the accident.
2 Whether apportionment of liability was correct given findings of fact.

Ratio Decidendi

The defendant was not negligent, as the plaintiff entered the intersection against a red light while the defendant had a green arrow in her favour and reasonably believed the plaintiff would stop.

Court Disposition

appeal allowed

Orders

Judgment entered for the defendant.
Plaintiff to pay defendant's costs of trial and costs of appeal.