TRAN BY NEXT FRIEND TRAN v KIM [1996] NSWCA 537

TRAN BY NEXT FRIEND TRAN v KIM [1996] NSWCA 537

The respondent was not negligent as he was driving at a proper speed, keeping a proper lookout, could not have seen the appellant due to the obstruction of the van and the appellant's size, and the appellant ran out so suddenly that there was no opportunity to avoid the accident.

Parties
Appellant: Tuan Tran; Respondent: Kim
Jurisdiction
Australia
Judgment Date
19 June 1996
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs
Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Tuan Tran

Appellant

Kim

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the respondent was negligent in the operation of the vehicle resulting in injury to the appellant
  2. 2 Whether the trial judge erred in evaluating evidence regarding lookout and responsiveness of the respondent
  3. 3 Whether proximity to a church hall or presence of children should have altered respondent’s driving

Ratio Decidendi

The respondent was not negligent as he was driving at a proper speed, keeping a proper lookout, could not have seen the appellant due to the obstruction of the van and the appellant's size, and the appellant ran out so suddenly that there was no opportunity to avoid the accident.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs