SCHEMBRI v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES AND ORS [1995] NSWCA 418

SCHEMBRI v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER, HANDLEY and POWELL JJA 19 April 1995, 19 April 1995 [1995] NSWCA 418

MOTOR VEHICLE ACCIDENT — CONTRIBUTORY NEGLIGENCE — motorist with right of way bound to act reasonably

The plaintiff appealed from findings by a Master as to liability and damages awards resulting from three motor vehicle accidents. The appellant challenged the Master's apportionment of his responsibility for the second accident at 30% when the defendant was found to have gone through a red light. He argued that the apportionment was too high for someone travelling on a main thoroughfare with lights in his favour, that it was not unreasonable for him to have assumed that other vehicles would obey the traffic lights, and that he had not failed to take reasonable care for his own safety. He also challenged the Master's findings of fact, his reliance on the P4 accident report and his awards for past and future economic loss - Held: (1) The appellant on entering the intersection was bound to act reasonably and was not entitled to simply rely on other motorists obeying the traffic regulations. Sibley u Kais (1967) 118 CLR 124 applied. (2) The Master was correct in allowing the defendant to make use of the P4 accident report as the plaintiff had tendered it without limitation. Walker u Walker (1937) 57 CLR 630 applied. (3) The Master did not err in preferring the evidence of Constable Colman and in the P4 report, to that of the plaintiff. (4) Although high the Master's apportionment of 30 percent responsibility to the plaintiff could not be disturbed. (5) Given the Master's findings as to the plaintiff's poor reliability and credibility the Court was not entitled to set aside his findings as to the nature and extent of his back injury, or his findings about the plaintiffs fitness for work.