STANLEY v SPURWAY [1997] NSWCA 291

STANLEY v SPURWAY [1997] NSWCA 291

The case is arguable on the basis that the trial judge may have failed to give proper weight to the plaintiff's obligation when making a right hand turn, affecting the apportionment of negligence.

Parties
Stanley; Spurway
Jurisdiction
Australia
Judgment Date
17 November 1997
Procedural Posture
Leave to Appeal / Interlocutory Application
Outcome
Stood over for hearing in the running list, further directions for preparation by Registrar.
Legal Topics
Leave to Appeal, Apportionment of Liability, Contributory Negligence
Civil Procedure Leave to Appeal Apportionment of Liability Contributory Negligence

Case Brief

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Parties

Stanley

Spurway

Procedural Posture

Leave to Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether leave to appeal should be granted under amended District Court Act section 127(2)(c) when the amount in issue is less than $100,000
  2. 2 Whether the trial judge failed to give proper weight to the plaintiff's obligation to make a right hand turn in safety
  3. 3 Whether apportionment of liability was vitiated by failure to consider material facts

Ratio Decidendi

The case is arguable on the basis that the trial judge may have failed to give proper weight to the plaintiff's obligation when making a right hand turn, affecting the apportionment of negligence.

Court Disposition

Stood over for hearing in the running list, further directions for preparation by Registrar.

Orders

  • Matter stood over for hearing at a future time in a running list.
  • Registrar to give further directions for preparation of appeal papers.