EL ABED v GIO AUSTRALIA LTD [1996] NSWCA 5
There was no justifiable ground to disturb the trial judge’s finding that the appellant was guilty of contributory negligence to the extent of fifty percent; the findings were supported by the factual circumstances as established at trial.
- Parties
- Appellant: El Abed; Respondent: GIO Australia Ltd
- Jurisdiction
- Australia
- Judgment Date
- 27 June 1996
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Negligence, Contributory Negligence, Motor Vehicle Accident
Case Brief
Summary, issues, holding and outcome
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Parties
El Abed
Appellant
GIO Australia Ltd
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge erred in finding the appellant contributorily negligent to the extent of fifty percent
- 2 Whether the findings of fact by the trial judge should be disturbed on appeal
Ratio Decidendi
There was no justifiable ground to disturb the trial judge’s finding that the appellant was guilty of contributory negligence to the extent of fifty percent; the findings were supported by the factual circumstances as established at trial.
Court Disposition
appeal dismissed
Orders
- The appeal will be dismissed with costs.
Full Case Text
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