SKIPPER v. BOERTIEN [1999] NSWCA 220

SKIPPER v. BOERTIEN [1999] NSWCA 220

The appellant failed to show appealable error in Newman J's credibility-based findings. The evidence accepted at trial supported the finding that the appellant entered the carriageway from behind a parked car near 401 George Street and collided with the respondent's vehicle almost immediately, while the respondent was driving appropriately and looking ahead. The respondent therefore had no chance to avoid the accident and was not in breach of his duty of care to keep a proper lookout.

Jurisdiction
Australia
Judgment Date
30 August 1999
Procedural Posture
Negligence Claim for Damages for Personal Injuries Arising From a Motor Vehicle Collision With a Cyclist / Appeal From Judgment and Orders of Newman J Dismissing the Proceedings With Costs
Outcome
Appeal dismissed with costs.
Legal Topics
['motor Vehicle Accident' 'collision With Cyclist' 'proper Lookout' 'appellate Review of Findings of Fact Based on Credibility']
['negligence' 'torts' 'civil Procedure'] ['motor Vehicle Accident' 'collision With Cyclist' 'proper Lookout' 'appellate Review of Findings of Fact Based on Credibility']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Negligence Claim for Damages for Personal Injuries Arising From a Motor Vehicle Collision With a Cyclist / Appeal From Judgment and Orders of Newman J Dismissing the Proceedings With Costs

Legal Issues

  1. 1 ["Whether the trial judge erred in accepting the respondent's evidence and rejecting the evidence of Jason Wilson about where the appellant entered the carriageway." 'Whether the respondent breached his duty of care by failing to keep a proper lookout or to avoid the collision.' 'Whether the Court of Appeal should interfere with findings of fact dependent on witness credibility.']

Ratio Decidendi

The appellant failed to show appealable error in Newman J's credibility-based findings. The evidence accepted at trial supported the finding that the appellant entered the carriageway from behind a parked car near 401 George Street and collided with the respondent's vehicle almost immediately, while the respondent was driving appropriately and looking ahead. The respondent therefore had no chance to avoid the accident and was not in breach of his duty of care to keep a proper lookout.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']