EL SLEIMAN v HOLT and ANOR [1998] NSWCA 74

EL SLEIMAN v HOLT and ANOR [1998] NSWCA 74

On the findings of fact accepted by the trial judge, Ms Holt's actions in the circumstances (including her speed, lookout, and use of low beam headlights) were reasonable; no error was shown in the trial judge's failure to find Ms Holt negligent in causing the accident.

Parties
Appellant: El Sleiman; First Respondent: Holt; Second Respondents: El Sleiman (Mr and Mrs)
Jurisdiction
Australia
Judgment Date
22 September 1998
Procedural Posture
Appeal / Judgment of the Court of Appeal
Outcome
Appeal dismissed; cross-appeal dismissed
Legal Topics
Negligence, Motor Vehicle Accident, Duty of Care, Standard of Care, Pedestrian Safety
Tort Law Negligence Motor Vehicle Accident Duty of Care Standard of Care Pedestrian Safety

Case Brief

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Parties

El Sleiman

Appellant

Holt

First Respondent

El Sleiman (Mr and Mrs)

Second Respondents

Procedural Posture

Appeal / Judgment of the Court of Appeal

Legal Issues

  1. 1 Whether the first respondent (driver) was negligent in failing to avoid a collision with the appellant (child pedestrian) under the circumstances described.
  2. 2 Whether the first respondent should have had her headlights on high beam in the street lighting conditions present.

Ratio Decidendi

On the findings of fact accepted by the trial judge, Ms Holt's actions in the circumstances (including her speed, lookout, and use of low beam headlights) were reasonable; no error was shown in the trial judge's failure to find Ms Holt negligent in causing the accident.

Court Disposition

Appeal dismissed; cross-appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of the appeal.