JOSEPH v PLATCHER and BURNS v THE NOMINAL DEFENDANT [1991] NSWCA 162

JOSEPH v PLATCHER and BURNS v THE NOMINAL DEFENDANT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER, HANDLEY JJA and Hope AJA 4 June 1991, 10 July 1991 [1991] NSWCA 162

NEGLIGENCE — Contributory negligence — Apportionment — Motor vehicle collision at intersection — Traffic Lights — Effect of breach of regulations as to traffic lights in relation to negligence and contributory negligence — Sibley v Kais (1967) 118 CLR 424 at 427 discussed — Findings of Master as to negligence, contributory negligence and apportionment affirmed.

DAMAGES — Personal injuries — interest on past general damages — MBP (SA) Pty Ltd v Gogic (1991) 65 ALJR 203 applied — Interest allowed at 2% on past general damages for whole period.

Meagher JA I agree with Hope AJA. Handley JA I agree with Hope AJA.

Hope AJA The two proceedings the subject of these appeals were heard together by Master Greenwood in July 1989, and the appeals and cross-appeals have been heard together by this Court. The proceedings arose out of the collision of two motor vehicles at about 10.35 p.m. on the night of 4 January 1982. The accident took place in a T-intersection which Canley Vale Road makes with Railway Parade at Canley Vale. Mr Platcher was the driver of one of the vehicles, a Ford Cortina, and Mr Burns was a passenger in his car. Ms Joseph was the driver of the other vehicle, a Holden sedan, which belonged to her mother Mrs. Margaret Joseph.

Mr Platcher was driving his car in a northerly direction along Railway Parade in the direction of the intersection, and Ms Joseph was driving her car in an easterly direction along Canley Vale Road. The evidence of Ms Joseph was that as she was proceeding along Canley Vale Road, she approached a white car ahead of her which seemed to be driving in an erratic fashion. It contained a number of people who were making a lot of noise and she thought that they were probably drunk. As that vehicle arrived at the intersection, which was controlled by traffic lights, the lights facing Canley Vale Road were red, and the white vehicle stopped. Ms Joseph stopped her vehicle about ten feet behind the white vehicle. The traffic lights turned green, and the white car proceeded into the intersection and commenced to make a right turn. Ms Joseph then started her car forward and the traffic lights were still green when she passed them. Mr Platcher's car was approaching on her right, but she did not look in that direction and did not: see it before the accident took place.