KEAM & ANOR v CHIOMEY bnf MERCER & ANOR [2002] NSWCA 280

KEAM & ANOR v CHIOMEY bnf MERCER & ANOR [2002] NSWCA 280

It was open to the trial Judge to accept the plaintiff's police statement account, finding the appellant negligent for failing to keep a proper lookout and stop for the plaintiff, who was clearly visible. There was insufficient evidence to find contributory negligence against the plaintiff, who was entitled to rely on having right of way.

Parties
Appellant: Stephen Keam; Appellant: Balesford Pty Ltd t/as Richmond Sand Gravel & Landscaping; First Respondent: Jacques Napoleon Chiomey by his next friend Nicola Mercer; Second Respondent: Lismore City Council
Jurisdiction
Australia
Judgment Date
28 August 2002
Procedural Posture
Civil Appeal / Appeal From District Court Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Motor Vehicle Accidents, Pedestrian Crossings, Failure to Keep Proper Lookout, Children and Negligence, Contributory Negligence, Conflicting Evidence, Sufficiency of Reasons
Negligence Motor Vehicle Accidents Pedestrian Crossings Failure to Keep Proper Lookout Children and Negligence Contributory Negligence Conflicting Evidence Sufficiency of Reasons

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Keam

Appellant

Balesford Pty Ltd t/as Richmond Sand Gravel & Landscaping

Appellant

Jacques Napoleon Chiomey by his next friend Nicola Mercer

First Respondent

Lismore City Council

Second Respondent

Procedural Posture

Civil Appeal / Appeal From District Court Decision

Legal Issues

  1. 1 Whether the trial Judge erred in accepting the plaintiff's version of the accident
  2. 2 Whether sufficient findings and reasons were provided on questions of liability
  3. 3 Whether contributory negligence should be found against the plaintiff

Ratio Decidendi

It was open to the trial Judge to accept the plaintiff's police statement account, finding the appellant negligent for failing to keep a proper lookout and stop for the plaintiff, who was clearly visible. There was insufficient evidence to find contributory negligence against the plaintiff, who was entitled to rely on having right of way.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.