NOMINAL DEFENDANT v McPHILLAMY [1998] NSWCA 161

NOMINAL DEFENDANT v McPHILLAMY [1998] NSWCA 161

The appellant did not satisfy the onus of establishing contributory negligence; the evidence did not allow an inference, on the balance of probabilities, that the respondent contributed to the accident. The trial judge was correct not to find contributory negligence.

Parties
Appellant: Nominal Defendant; Respondent: Michael Gerard McPhillamy
Jurisdiction
Australia
Judgment Date
16 February 1998
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Contributory Negligence, Motor Vehicle Accidents, Damages
Tort Law Contributory Negligence Motor Vehicle Accidents Damages

Case Brief

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Parties

Nominal Defendant

Appellant

Michael Gerard McPhillamy

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent was guilty of contributory negligence in relation to the motor vehicle accident.

Ratio Decidendi

The appellant did not satisfy the onus of establishing contributory negligence; the evidence did not allow an inference, on the balance of probabilities, that the respondent contributed to the accident. The trial judge was correct not to find contributory negligence.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Appellant to pay the respondent's costs.