GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v KHATOUKI; KHATOUKI v GOVERNMENT INSURANCE OF NEW SOUTH WALES [1994] NSWCA 110

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v KHATOUKI; KHATOUKI v GOVERNMENT INSURANCE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, HANDLEY and POWELL JJA 27 September 1994, 27 September 1994

[1994] NSWCA 110

MOTOR VEHICLE COLLISION AT TRAFFIC LIGHTS — NEGLIGENCE — PLAINTIFF HELD TWO-THIRDS AND DEFENDANT ONE-THIRD RESPONSIBLE — WHO WAS DRIVING PLAINTIFF'S VEHICLE? — PLAINTIFF HELD DRIVER

Appeal from District Court — Motor vehicle collision — Plaintiff s vehicle turned right at traffic lights against green light — Defendant's vehicle in kerbside lane drove through intersection on green light — Held verdict that plaintiff two-thirds responsible and defendant one-third responsible correct.

Who was driving plaintiff's vehicle? — Trial judge held plaintiff was driver — Finding upheld on appeal.

ORDER Appeal dismissed with costs.

Mahoney JA This case arises out of a motor vehicle accident that occurred on the Pacific Highway at the Telegraph Road intersection on 4 March 1986. The accident arose when - I shall use these terms as a matter of convenience - the Marshall car, that is the car driven by Mr Marshall, ran into the Khatouki car, the car driven by Mr Tony Khatouki.

Mr Tony Khatouki sued the Government Insurance Office of New South Wales in the District Court in respect of the injuries which he suffered in the accident. On 21 June 1990 his Honour Judge Bell gave judgment for the plaintiff Mr Khatouki. He assessed Mr Khatouki's damages at $107,303; but he reduced the amount to be awarded to him by two-thirds upon the basis that Mr Khatouki had been the driver of the Khatouki vehicle and that he had been two-thirds responsible for his own injuries within the terms of the legislation in question. He therefore gave judgment for Mr Tony Khatouki for $35,767. An appeal was brought against his Honour's judgment both by the defendant, the Government Insurance Office, and by Mr Tony Khatouki.