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[2008] HCA 23
High Court of Australia
2008-04-16
Mason P, Kirby J, Gleeson CJ, Kiefel JJ
Original judgment source is linked above.
On appeal from the Supreme Court of New South Wales
B M Toomey QC with G A Farmer for the appellant (instructed by Walker Smith Solicitors)
S G Campbell SC with J P Guihot for the respondent (instructed by TL Lawyers)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
Appeal - Court of Appeal (NSW) - Conflicting versions of motor vehicle collision by appellant and respondent - Inconsistencies in evidence given at trial - Primary judge preferred version given by respondent - Court of Appeal rejected argument of material error at trial - Concurrent findings of facts relevant to liability - Difficulty of disturbing in High Court - Special leave revoked.
Negligence - Motor vehicle collision - Conflicting versions of collision - Findings by primary judge and Court of Appeal - Concurrent findings of fact - Special leave revoked.
"Accordingly, although there were aspects of her Honour's reasons that possibly raised appellable issues, her conclusion was … correct. The success of the appellant's case depended upon his establishing that the respondent's vehicle moved unexpectedly in front of him. However, in our opinion … the evidence … established the contrary - namely, that at the point of collision, the respondent's vehicle was already in the breakdown lane."
Collins
Tabart
(1993) 177 CLR 472
(2003) 214 CLR 118
(2005) 79 ALJR 1816
(2001) 75 ALJR 867
(2007) 81 ALJR 1773
[2003] HCA 22