RYAN v GILL [1995] NSWCA 405

RYAN v GILL [1995] NSWCA 405

The appeal was dismissed because it was open to the trial judge, on the evidence, to accept the respondent's version of events, that the appellant unexpectedly stepped from the median strip into the vehicle's path, and there was no demonstrated error by the trial judge to warrant appellate interference.

Parties
Appellant: RYAN; Respondent: GILL
Jurisdiction
Australia
Judgment Date
02 February 1995
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs to the respondent.
Legal Topics
Negligence, Motor Vehicle Accidents, Appellate Review of Factual Findings
Tort Law Negligence Motor Vehicle Accidents Appellate Review of Factual Findings

Case Brief

Summary, issues, holding and outcome

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Parties

RYAN

Appellant

GILL

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the trial judge erred in finding that the pedestrian (appellant) was solely responsible for the collision
  2. 2 Whether the findings of fact by the trial judge could be disturbed on appeal
  3. 3 Whether the respondent was negligent in the manner alleged by the appellant

Ratio Decidendi

The appeal was dismissed because it was open to the trial judge, on the evidence, to accept the respondent's version of events, that the appellant unexpectedly stepped from the median strip into the vehicle's path, and there was no demonstrated error by the trial judge to warrant appellate interference.

Court Disposition

Appeal dismissed with costs to the respondent.

Orders

  • The appeal is dismissed.
  • The appellant must pay the respondent's costs.