Brennan v Baker [2000] NSWCA 91

Brennan v Baker [2000] NSWCA 91

The trial judge was entitled to accept the uncontradicted evidence of the respondent and her husband that a proper lookout was kept and, in the circumstances (dark, unlit road, no anticipation of pedestrian), the appellant did not establish negligence by the respondent.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 March 2000
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
['motor Vehicle Accident' 'negligence' 'liability']
['torts'] ['motor Vehicle Accident' 'negligence' 'liability']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the respondent driver was negligent in the circumstances of the accident' 'Whether the appellant established that the respondent failed to keep a proper lookout']

Ratio Decidendi

The trial judge was entitled to accept the uncontradicted evidence of the respondent and her husband that a proper lookout was kept and, in the circumstances (dark, unlit road, no anticipation of pedestrian), the appellant did not establish negligence by the respondent.

Court Disposition

appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']