MEARBANI v STEFFAN [1990] NSWCA 124

MEARBANI v STEFFAN [1990] NSWCA 124

The plaintiff failed to keep a proper lookout and was guilty of contributory negligence, but the trial judge's apportionment of 40% was excessive in the circumstances and should be reduced to 10%.

Parties
Appellant: MEARBANI; Respondent: STEFFAN
Jurisdiction
Australia
Judgment Date
13 July 1990
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed
Legal Topics
Contributory Negligence, Apportionment of Liability, Motor Vehicle Accidents, Assessment of Damages
Tort Law Contributory Negligence Apportionment of Liability Motor Vehicle Accidents Assessment of Damages

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Parties

MEARBANI

Appellant

STEFFAN

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the plaintiff was guilty of contributory negligence
  2. 2 Whether the apportionment of contributory negligence at 40% was appropriate
  3. 3 Whether the award of general damages was inadequate

Ratio Decidendi

The plaintiff failed to keep a proper lookout and was guilty of contributory negligence, but the trial judge's apportionment of 40% was excessive in the circumstances and should be reduced to 10%.

Court Disposition

Appeal allowed

Orders

  • Judgment of trial court set aside
  • Judgment entered for plaintiff in the sum of $10,085.10, effective from 6 November 1985