STOJANOVIC v McINTYRE [1996] NSWCA 504

STOJANOVIC v McINTYRE [1996] NSWCA 504

The defendant's actions in waiting at the intersection for a right turn, complying with the traffic lights and reasonable expectations based on other vehicles stopping, did not amount to negligence. The plaintiff's breach of the traffic regulations was the overwhelming cause of the accident.

Parties
Appellant: URJ Stojanovic; Respondent: Mrs McIntyre
Jurisdiction
Australia
Judgment Date
11 April 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Negligence, Contributory Negligence, Motor Vehicle Accident, Traffic Regulation
Torts Negligence Contributory Negligence Motor Vehicle Accident Traffic Regulation

Case Brief

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Parties

URJ Stojanovic

Appellant

Mrs McIntyre

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in completing a right turn at an intersection when the plaintiff's vehicle entered against a red light
  2. 2 Whether there was contributory negligence by the plaintiff

Ratio Decidendi

The defendant's actions in waiting at the intersection for a right turn, complying with the traffic lights and reasonable expectations based on other vehicles stopping, did not amount to negligence. The plaintiff's breach of the traffic regulations was the overwhelming cause of the accident.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed with costs