Howlett v Campion & Anor. [2000] NSWCA 22
The appeal was dismissed because the trial judge's apportionment of 20% contributory negligence was not shown to be erroneous, there was no evidentiary basis to attribute causation to road design, and the assessment of damages was within permissible bounds given the state of the evidence.
- Jurisdiction
- Australia
- Judgment Date
- 29 February 2000
- Procedural Posture
- Appeal / Court of Appeal Decision Following Trial in Supreme Court
- Outcome
- Appeal and cross-appeal dismissed
- Legal Topics
- ['negligence' 'contributory Negligence' 'damages' 'causation']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / Court of Appeal Decision Following Trial in Supreme Court
Legal Issues
- 1 ['Whether the trial judge erred in finding contributory negligence and apportioning fault at 20% to the plaintiff' 'Whether the trial judge erred in finding no causative link between road design and the accident' "Whether the trial judge's assessment of damages for non-economic and economic loss was manifestly inadequate"]
Ratio Decidendi
The appeal was dismissed because the trial judge's apportionment of 20% contributory negligence was not shown to be erroneous, there was no evidentiary basis to attribute causation to road design, and the assessment of damages was within permissible bounds given the state of the evidence.
Court Disposition
Appeal and cross-appeal dismissed
Orders
- ['Appeal dismissed.' 'Cross-appeal dismissed.' "The appellant is to pay the first respondent's and the second respondent's costs of the appeal." "The cross-appellant is to pay the first and second cross-respondent's costs of the cross-appeal."]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment