BOBBY ANGELOSKI v GIO OF NSW [1996] NSWCA 17

BOBBY ANGELOSKI v GIO OF NSW

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

HANDLEY JA, SHELLER JA and COLE JA 21 June 1996

[1996] NSWCA 17

MOTOR VEHICLE ACCIDENTS — contributory negligence — challenge to findings of trial judge.

The plaintiff was involved in a motor vehicle accident on 30 September 1985 at a 45 degree angle T-intersection. The intersection was governed by traffic lights and both drivers said that they faced a green light but both could not be correct. The trial judge preferred the evidence of the defendant and a pedestrian. The plaintiff appeal on the grounds that the trial judge had misinterpreted the evidence of the pedestrian and that on the findings the case was one for apportionment.

HELD, dismissing the appeal: (1) The findings of the trial judge could not be disturbed; (2) There was no basis for finding that the defendant was guilty of negligence in following a line of traffic that had a green light.

Handley JA. This is an appeal by a plaintiff Mr Angeloski from a judgment for the defendant entered by Downs DCJ on 25 October 1994. The proceedings before the trial Judge arose out of an accident which occurred at 6.30pm on Monday 30 September 1985 at a 45 degree angle T-intersection between Unswins Bridge Road and Griffith Street and Richardson Crescent at Tempe.

Mr Angeloski was driving a motor cycle in a northerly direction from Griffith Street into Unswins Bridge Road. He collided at that intersection with a van being driven by a Mr Makedonas, who was travelling in asoutherly direction in Unswins Bridge Road, making a right hand turn across the intersection into Richardson Crescent.

Both drivers were injured in the collision, and Mr Angeloski sued the statutory insurer, then the Government Insurance Office, and Mr Makedonas did likewise. Both actions were heard together with appropriate separate representation.