STIG v FINCH & ANOR [2007] NSWCA 242

STIG v FINCH & ANOR [2007] NSWCA 242

On the findings of the trial judge, which could not be disturbed, and the objective evidence, the Court could not infer that the driver failed to keep a proper lookout, and accordingly the principles in Jones v Dunkel could not assist the plaintiff. The appeal is dismissed.

Parties
Appellant: David Leslie Stig; First Respondent: Gary Norman Finch; Second Respondent: Stephen David Wrigley
Jurisdiction
Australia
Judgment Date
14 September 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Running Down Case, Proper Lookout, Jones V Dunkel Inference
Negligence Running Down Case Proper Lookout Jones V Dunkel Inference

Case Brief

Summary, issues, holding and outcome

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Parties

David Leslie Stig

Appellant

Gary Norman Finch

First Respondent

Stephen David Wrigley

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the driver of the northbound vehicle failed to keep a proper lookout and could have avoided the accident
  2. 2 Whether the trial judge's findings on the point of impact, clothing colour, effect of road curve, and reaction time could be disturbed

Ratio Decidendi

On the findings of the trial judge, which could not be disturbed, and the objective evidence, the Court could not infer that the driver failed to keep a proper lookout, and accordingly the principles in Jones v Dunkel could not assist the plaintiff. The appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the costs of the respondents