LOCKHORST v AARON and ANOR [1996] NSWCA 329

LOCKHORST v AARON and ANOR [1996] NSWCA 329

The first respondent did not depart from the standard of conduct expected of a driver exercising reasonable care in the circumstances; the trial judge's findings of fact were open on the evidence and did not involve error.

Parties
Appellant: Lockhorst; Respondents: Aaron and Anor
Jurisdiction
Australia
Judgment Date
17 June 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Negligence, Motor Vehicle Accident, Duty of Care, Contributory Negligence
Tort Law Negligence Motor Vehicle Accident Duty of Care Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Lockhorst

Appellant

Aaron and Anor

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent driver breached the duty of care owed to the appellant cyclist in the manner of entering and stopping in the kerb side lane
  2. 2 Whether the trial judge erred in factual findings regarding the position and conduct of the vehicles at impact
  3. 3 Whether the obligations of a driver to other road users cease upon becoming stationary

Ratio Decidendi

The first respondent did not depart from the standard of conduct expected of a driver exercising reasonable care in the circumstances; the trial judge's findings of fact were open on the evidence and did not involve error.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.