Ayre v Swan [2019] NSWCA 202

Ayre v Swan [2019] NSWCA 202

The defendant was negligent in failing to slow down sufficiently to obtain a clear view of both lanes before turning right; however, the plaintiff's conduct in riding at twice the speed limit and overtaking in a blocked lane was a significant contributory cause, warranting an 80% reduction in damages for...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
['road Accident Liability' 'contributory Negligence' 'expert Evidence' 'duty of Care' 'precautions for Unseen Vehicles' 'economic Loss Assessment']
['torts' 'negligence'] ['road Accident Liability' 'contributory Negligence' 'expert Evidence' 'duty of Care' 'precautions for Unseen Vehicles' 'economic Loss Assessment']

Source-derived case record

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the defendant was negligent in turning without adequately slowing down or stopping to check for unseen vehicles' 'Whether the plaintiff was contributorily negligent due to excessive speed' 'Assessment of damages attributable to the accident']

Ratio Decidendi

The defendant was negligent in failing to slow down sufficiently to obtain a clear view of both lanes before turning right; however, the plaintiff's conduct in riding at twice the speed limit and overtaking in a blocked lane was a significant contributory cause, warranting an 80% reduction in damages for contributory negligence.

Court Disposition

Appeal allowed in part

Orders

  • ["Set aside the primary judge's determination as to contributory negligence and assess the plaintiff's contributory negligence at 80%." 'Set aside the judgment of the District Court and enter judgment for the plaintiff in the amount of $122,947.' "Order that the respondent pay the appellant's costs of the appeal."]