NUNES v RUSTANDI [1996] NSWCA 406

NUNES v RUSTANDI [1996] NSWCA 406

There was no negligence on the part of the respondent as he was driving at a reasonable speed, kept a proper look out, and the accident occurred due to the appellant stepping from the kerb into the side of the vehicle.

Parties
Appellant: Jose Nunes; Respondent: Rustandi
Jurisdiction
Australia
Judgment Date
20 June 1996
Procedural Posture
Civil Appeal / Appeal Decision
Outcome
appeal dismissed with costs
Legal Topics
Duty of Care, Proper Look Out, Evasive Action, Contributory Negligence
Negligence Duty of Care Proper Look Out Evasive Action Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Jose Nunes

Appellant

Rustandi

Respondent

Procedural Posture

Civil Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the respondent failed to keep a proper look out or take evasive action to avoid the collision
  2. 2 Whether the respondent was negligent under the circumstances

Ratio Decidendi

There was no negligence on the part of the respondent as he was driving at a reasonable speed, kept a proper look out, and the accident occurred due to the appellant stepping from the kerb into the side of the vehicle.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.