STEPASUIK v NRMA INSURANCE LTD [1996] NSWCA 503
The accident was entirely the responsibility of the appellant, who was riding a bicycle on a footpath after dark without proper lights or lookout, and not as he asserted. The appellant's actions, not the actions of the driver, caused the accident.
- Parties
- Appellant: Stepasuik; Respondent: NRMA Insurance Ltd
- Jurisdiction
- Australia
- Judgment Date
- 18 September 1996
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Contributory Negligence, Duty of Care, Evidence (admissibility of Statements)
Case Brief
Summary, issues, holding and outcome
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Parties
Stepasuik
Appellant
NRMA Insurance Ltd
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge erred in finding the accident was entirely the responsibility of the appellant
- 2 Whether the trial judge failed to have regard to Mr Gray's statement
- 3 Whether the trial judge failed to find Mr Gray negligent
Ratio Decidendi
The accident was entirely the responsibility of the appellant, who was riding a bicycle on a footpath after dark without proper lights or lookout, and not as he asserted. The appellant's actions, not the actions of the driver, caused the accident.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs.
Full Case Text
Judgment text and source record
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