Cortiana v Guihot [2004] NSWCA 348

Cortiana v Guihot [2004] NSWCA 348

The trial judge’s findings regarding the functioning of the indicator and the absence of negligence in lookout were open on the evidence and supported by credibility findings. There was no error in not finding the respondent negligent; the only conclusion open on the evidence was that the appellant failed to establish any negligence on the part of the respondent.

Parties
Appellant: Stephen Cortiana; Respondent: Kenneth Wayne Guihot
Jurisdiction
Australia
Judgment Date
30 September 2004
Procedural Posture
Appeal / Final Judgment – Appeal From District Court
Outcome
Appeal dismissed
Legal Topics
Motorcycle Collision, Indicator Operation, Lookout and Overtaking, Causation, Contributory Negligence
Negligence Personal Injury Motor Vehicle Accident Motorcycle Collision Indicator Operation Lookout and Overtaking Causation Contributory Negligence

Case Brief

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Parties

Stephen Cortiana

Appellant

Kenneth Wayne Guihot

Respondent

Procedural Posture

Appeal / Final Judgment – Appeal From District Court

Legal Issues

  1. 1 Whether trial judge erred in finding respondent signalled intention to turn by means of right indicator light on trailer
  2. 2 Whether trial judge failed to consider whether respondent was negligent by failing to keep a proper lookout for overtaking vehicles prior to commencing U-turn

Ratio Decidendi

The trial judge’s findings regarding the functioning of the indicator and the absence of negligence in lookout were open on the evidence and supported by credibility findings. There was no error in not finding the respondent negligent; the only conclusion open on the evidence was that the appellant failed to establish any negligence on the part of the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs of the appeal