Brien v Gould [2007] NSWDC 159

Brien v Gould [2007] NSWDC 159

There was no negligence on the part of Mr Gould that caused or contributed to the accident; Mr Brien was travelling too fast and too close to the parked car and lost control, causing the collision.

Parties
Plaintiff: Stuart Brien; Defendant: Peter Gould
Jurisdiction
Australia
Judgment Date
10 May 2007
Procedural Posture
Civil / Trial Judgment
Outcome
Judgment for the defendant.
Legal Topics
Negligence, Contributory Negligence, Motorcycle Accident, Opening Car Door, Damages Assessment
Negligence Motor Vehicle Accidents Contributory Negligence Motorcycle Accident Opening Car Door Damages Assessment

Case Brief

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Parties

Stuart Brien

Plaintiff

Peter Gould

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Was Mr Brien injured as a result of negligence on the part of Mr Gould?
  2. 2 Was Mr Brien guilty of any contributory negligence?

Ratio Decidendi

There was no negligence on the part of Mr Gould that caused or contributed to the accident; Mr Brien was travelling too fast and too close to the parked car and lost control, causing the collision.

Court Disposition

Judgment for the defendant.

Orders

  • Judgment entered for the defendant.
  • Plaintiff to pay the defendant's costs to 14 March 2007 on the ordinary basis and thereafter on an indemnity basis.