Qui v Obeid [2019] NSWCA 207

Qui v Obeid [2019] NSWCA 207

The trial judge's findings of fact were correct; the appellant's vehicle entered the eastbound lane from the southern side of the road and failed to give way to the respondent's vehicle, causing the collision. No error in the trial judge's reliance on the evidence or in discounting the appellant's versions. The appellant failed to show the respondent was speeding or failed to keep a proper lookout; her claim fails.

Parties
Appellant: Kylie Qui; Respondent: Abdullah Obeid
Jurisdiction
Australia
Judgment Date
22 August 2019
Procedural Posture
Civil Appeal / Court of Appeal From District Court of NSW
Outcome
Appeal and cross-appeal dismissed; appellant to pay respondent's costs.
Legal Topics
Negligence, Findings of Fact, Credibility, Appeal, Motor Vehicle Accidents
Motor Accidents Torts Negligence Findings of Fact Credibility Appeal Motor Vehicle Accidents

Case Brief

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Parties

Kylie Qui

Appellant

Abdullah Obeid

Respondent

Procedural Posture

Civil Appeal / Court of Appeal From District Court of NSW

Legal Issues

  1. 1 Whether appellant's car was parked or moving at time of collision
  2. 2 Whether trial judge erred in fact finding from evidence
  3. 3 Whether respondent was negligent

Ratio Decidendi

The trial judge's findings of fact were correct; the appellant's vehicle entered the eastbound lane from the southern side of the road and failed to give way to the respondent's vehicle, causing the collision. No error in the trial judge's reliance on the evidence or in discounting the appellant's versions. The appellant failed to show the respondent was speeding or failed to keep a proper lookout; her claim fails.

Court Disposition

Appeal and cross-appeal dismissed; appellant to pay respondent's costs.

Orders

  • Appeal dismissed
  • Cross-appeal dismissed