Nguyen v Savage [1999] NSWCA 44

Nguyen v Savage [1999] NSWCA 44

The appeal failed because the trial judge was entitled to accept the respondent's evidence and to find that the respondent's negligence had not been proved. The appellant stopped, then moved forward and accelerated when the respondent's vehicle was visible and not perceptibly slowing, misleading the respondent as to the appellant's intention; the accident was attributable to the appellant's negligence rather than any proven negligence by the respondent.

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Motor Vehicle Accident Negligence Appeal / Appeal From District Court Dismissal of the Appellant's Action
Outcome
Time to bring the application for leave to appeal extended; leave to appeal granted; appeal dismissed with costs.
Legal Topics
['controlled Intersection' 'failure to Give Way' 'proper Lookout' 'excessive Speed' 'appellate Review of Factual Findings' 'leave to Appeal' 'extension of Time']
['tort Law' 'negligence' 'motor Vehicle Accidents' 'civil Procedure'] ['controlled Intersection' 'failure to Give Way' 'proper Lookout' 'excessive Speed' 'appellate Review of Factual Findings' 'leave to Appeal' 'extension of Time']

Case Brief

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Procedural Posture

Motor Vehicle Accident Negligence Appeal / Appeal From District Court Dismissal of the Appellant's Action

Legal Issues

  1. 1 ['Whether the trial judge was entitled to find that the respondent had not been proved negligent.' 'Whether the respondent failed to give way to the vehicle on his right, failed to keep a proper lookout, or travelled at an excessive speed.' 'Whether leave to appeal or an extension of time was required.']

Ratio Decidendi

The appeal failed because the trial judge was entitled to accept the respondent's evidence and to find that the respondent's negligence had not been proved. The appellant stopped, then moved forward and accelerated when the respondent's vehicle was visible and not perceptibly slowing, misleading the respondent as to the appellant's intention; the accident was attributable to the appellant's negligence rather than any proven negligence by the respondent.

Court Disposition

Time to bring the application for leave to appeal extended; leave to appeal granted; appeal dismissed with costs.

Orders

  • ['The Court extends time in which to bring the application for leave to appeal.' 'Grant leave to appeal.' 'The appeal is dismissed with costs.']