KEIGHRAN v FLETCHER [1994] NSWCA 161

KEIGHRAN v FLETCHER [1994] NSWCA 161

The appeal was dismissed because the findings on contributory negligence and credibility of witnesses were solidly within the trial judge's domain, and there was no compelling reason or error to justify appellate intervention, especially in light of the principle in Abalos v Australian Postal Commission.

Parties
Appellant: Keighran; Respondent: Fletcher
Jurisdiction
Australia
Judgment Date
16 August 1994
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Motor Vehicle Accident, Contributory Negligence
Tort Law Negligence Motor Vehicle Accident Contributory Negligence

Case Brief

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Parties

Keighran

Appellant

Fletcher

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding no contributory negligence by the respondent
  2. 2 Whether witness credibility and evidence supported the trial judge's findings

Ratio Decidendi

The appeal was dismissed because the findings on contributory negligence and credibility of witnesses were solidly within the trial judge's domain, and there was no compelling reason or error to justify appellate intervention, especially in light of the principle in Abalos v Australian Postal Commission.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Grogan DCJ's judgment remains in full force and effect.