CIPRI v GIO OF NSW [1996] NSWCA 102

The defendant's insured was driving with a green light in his favour, within the speed limit, and there was no reasonable warning of danger; thus, no negligence can be attributed to him.

Parties: Plaintiff: Cipri; Defendant: GIO of NSW
Jurisdiction: Australia
Judgment Date: 18 June 1996
Procedural Posture: Appeal / Court of Appeal Decision
Outcome: appeal dismissed
Legal Topics: Liability, Contributory Negligence

Motor Vehicle Accident Liability Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Cipri

Plaintiff

GIO of NSW

Defendant

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

1 Whether the defendant's insured driver was negligent in entering the intersection at the time of the collision
2 Whether the plaintiff was contributorily negligent in entering the intersection against a red light

Ratio Decidendi

The defendant's insured was driving with a green light in his favour, within the speed limit, and there was no reasonable warning of danger; thus, no negligence can be attributed to him.

Court Disposition

appeal dismissed

Orders

Orders accordingly.