Little v Mackellar [2012] NSWCA 331

The trial judge's finding that the respondent did not fail to take reasonable care was correct; the evidence did not establish negligence on the part of the respondent.

Jurisdiction: Australia
Judgment Date: 12 October 2012
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: ['negligence' 'motor Vehicle Accident' 'duty of Care' 'proper Lookout' 'excessive Speed' 'visibility' 'reflectors' 'factual Findings']

['tort'] ['negligence' 'motor Vehicle Accident' 'duty of Care' 'proper Lookout' 'excessive Speed' 'visibility' 'reflectors' 'factual Findings']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether the respondent driver kept a proper lookout' 'Whether the respondent was travelling at excessive speed' 'Whether the driver should have seen the cyclist' 'Whether the bicycle was carrying reflectors' 'Whether the cyclist was keeping a proper lookout']

Ratio Decidendi

The trial judge's finding that the respondent did not fail to take reasonable care was correct; the evidence did not establish negligence on the part of the respondent.

Court Disposition

Appeal dismissed

Orders

['Dismiss the appeal' "Appellant to pay the respondent's costs"]