PORTER v NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION [1995] NSWCA 376

PORTER v NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

KIRBY P, SHELLER JA and COLE JA 16 November 1995

[1995] NSWCA 376

NEGLIGENCE — motor vehicles — intersection controlled by traffic signals but without automatic arrows- respondent driver's vehicle waits at intersection for lights to change to red — appellant's driver proceeds through intersection — judge believes respondent's driver and his passenger — finds inconsistency in appellant's evidence — held: No error on findings made — the defendant was not negligent and the Corporation was not liable. Sibley v Kais (1967) 118 CLR 424; Henderson v Hassel & Anor (1986) 3 MVR 359 (NSWSC) applied; Davies v Day, CA (NSW), unreported, 7 November 1995 considered.

MOTOR VEHICLES — negligence — right hand turn — duty to make turn with safety — credibility evidence — judge believes defendant and his passenger — they say that defendant turned right when red light signal showing against appellant — appellant gives conflicting evidence to police and at trial — held: Court of Appeal is not authorised to intervene — real responsibility for collision was the appellant's driving — no negligence — appeal dismissed. Tran vy Government Insurance Office (NSW) (1994) 20 MVR 182 (NSWCA) applied.

APPEAL & NEW TRIAL — credibility findings — collision in intersection — respondent driver asserts he turned into intersection when traffic signals changed to red against appellant — appellant says that lights green (or orange) when she entered intersection — held: Court of Appeal not entitled to intervene — appeal dismissed. Abalos v Australian Postal Commission (1990) 171 CLR 167; Devries v Australian National Railways Commission (1993) 177 CLR 472; Ryan v Gill, (CANSW), unreported, 2 February 1995 applied.