Collins v Tabart [2008] HCA 23

Collins v Tabart [2008] HCA 23

There was no material error in the facts found by the trial judge and Court of Appeal. The primary judge's preference for the respondent's version and the rejection of the appellant's version were not sufficiently flawed to justify intervention by the High Court. Accordingly, special leave to appeal is revoked.

Source-derived case information.

Parties
Appellant: Peter Charles Collins; Respondent: John Kimberley Tabart
Jurisdiction
Australia
Judgment Date
16 April 2008
Procedural Posture
Appeal / Special Leave to Appeal – High Court
Outcome
special leave to appeal revoked
Legal Topics
Motor Vehicle Collision, Concurrent Findings of Fact, Appellate Review
Negligence Motor Vehicle Collision Concurrent Findings of Fact Appellate Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peter Charles Collins

Appellant

John Kimberley Tabart

Respondent

Procedural Posture

Appeal / Special Leave to Appeal – High Court

Legal Issues

  1. 1 Whether the findings of fact by the primary judge and Court of Appeal were affected by material error
  2. 2 Whether the evidence established the respondent's negligence

Ratio Decidendi

There was no material error in the facts found by the trial judge and Court of Appeal. The primary judge's preference for the respondent's version and the rejection of the appellant's version were not sufficiently flawed to justify intervention by the High Court. Accordingly, special leave to appeal is revoked.

Court Disposition

special leave to appeal revoked

Orders

  • Special leave to appeal revoked.
  • Appellant to pay the respondent's costs.