Lee v Knapik [2015] NSWSC 334

Lee v Knapik [2015] NSWSC 334

Both the Summons seeking leave to appeal and the Cross-Summons must be dismissed because the errors asserted by both Ms Lee and Ms Knapik are errors of fact, not errors of law, and there was evidence upon which the Magistrate could have based his findings. Therefore, the Supreme Court lacked jurisdiction to interfere with the Local Court's decision.

Parties
Applicant: Rosemary Lee; First Defendant / Respondent: Jane Knapik; Second Defendant / Respondent: Gasline Pty Ltd; Third Defendant / Respondent: Friedrich Devries
Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Appeal / Summons Seeking Leave to Appeal From Local Court Decision and Cross Summons
Outcome
Appeal and cross-appeal dismissed with costs.
Legal Topics
Appeals From Local Court, Error of Fact Vs Error of Law, Negligence, Duty of Care, Procedural Requirements for Appeals
Civil Law Torts Motor Vehicle Accidents Appeals From Local Court Error of Fact Vs Error of Law Negligence Duty of Care Procedural Requirements for Appeals

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Parties

Rosemary Lee

Applicant

Jane Knapik

First Defendant / Respondent

Gasline Pty Ltd

Second Defendant / Respondent

Friedrich Devries

Third Defendant / Respondent

Procedural Posture

Appeal / Summons Seeking Leave to Appeal From Local Court Decision and Cross Summons

Legal Issues

  1. 1 Whether the Local Court made an error of law in finding negligence against Ms Lee
  2. 2 Whether the findings amounted to errors of fact or law under the Local Court Act 2007
  3. 3 Whether Mr Devries breached his duty of care by not keeping a safe distance

Ratio Decidendi

Both the Summons seeking leave to appeal and the Cross-Summons must be dismissed because the errors asserted by both Ms Lee and Ms Knapik are errors of fact, not errors of law, and there was evidence upon which the Magistrate could have based his findings. Therefore, the Supreme Court lacked jurisdiction to interfere with the Local Court's decision.

Court Disposition

Appeal and cross-appeal dismissed with costs.

Orders

  • Summons seeking Leave to Appeal filed 10 June 2014 by Ms Lee is dismissed.
  • Ms Lee is to pay the defendants' costs of that Summons.