KOVACS v PORQUET [1992] NSWCA 126

KOVACS v PORQUET [1992] NSWCA 126

It was open to the trial judge based on findings of fact and credibility to conclude that the defendant's conduct amounted to negligence and that the plaintiff's acceleration to overtake constituted contributory negligence of 25%. No error in the trial judge's assessment of the parties' culpability was shown.

Parties
Respondent/cross Appellant: Kovacs; Appellant/cross Respondent: Porquet
Jurisdiction
Australia
Judgment Date
13 May 1992
Procedural Posture
Negligence Claim / Appeal and Cross Appeal
Outcome
Appeal dismissed. Cross appeal dismissed. Orders as to costs.
Legal Topics
Negligence, Motor Vehicle Collision, Contributory Negligence
Torts Negligence Motor Vehicle Collision Contributory Negligence

Case Brief

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Parties

Kovacs

Respondent/cross Appellant

Porquet

Appellant/cross Respondent

Procedural Posture

Negligence Claim / Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the defendant was negligent in causing the motor vehicle accident
  2. 2 Whether the plaintiff was contributorily negligent and to what extent

Ratio Decidendi

It was open to the trial judge based on findings of fact and credibility to conclude that the defendant's conduct amounted to negligence and that the plaintiff's acceleration to overtake constituted contributory negligence of 25%. No error in the trial judge's assessment of the parties' culpability was shown.

Court Disposition

Appeal dismissed. Cross appeal dismissed. Orders as to costs.

Orders

  • Appeal dismissed with costs.
  • Cross appeal dismissed with costs.