BARTLETT v WHITTON [1989] NSWCA 16

BARTLETT v WHITTON [1989] NSWCA 16

The trial judge was entitled to accept portions of each witness's evidence; findings that Mr Bartlett was negligent and Mr Whitton was not negligent were not shown to be in error. The damages assessment of $40,000 was within the discretion of the trial judge for the injuries sustained.

Parties
Appellant: URJ Bartlett; Respondent: Whitton
Jurisdiction
Australia
Judgment Date
17 May 1989
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeals dismissed with costs.
Legal Topics
Negligence, Traffic Accident, Damages, Quantum
Common Law Personal Injury Negligence Traffic Accident Damages Quantum

Case Brief

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Parties

URJ Bartlett

Appellant

Whitton

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Mr Whitton was negligent in causing the accident
  2. 2 Whether Mr Bartlett was contributorily negligent or solely negligent
  3. 3 Appropriateness of quantum for damages awarded to Mr Whitton

Ratio Decidendi

The trial judge was entitled to accept portions of each witness's evidence; findings that Mr Bartlett was negligent and Mr Whitton was not negligent were not shown to be in error. The damages assessment of $40,000 was within the discretion of the trial judge for the injuries sustained.

Court Disposition

Appeals dismissed with costs.

Orders

  • Appeals dismissed with costs.