FARAJ v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1996] NSWCA 182

FARAJ v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 17 June 1996

[1996] NSWCA 182

MOTOR VEHICLE ACCIDENT — trial judge's findings of fact on the evidence — credibility of witnesses

Sheller JA. On 26 February 1985 at about 7.40pm a car being driven south by the appellant, Majed Faraj, along Clyde Street, Granville collided with a car being driven by Molly O'Connor north in the same road at the intersection with Mona Street. There were traffic control lights at the intersection.

Mrs O'Connor said that she was turning right into Mona Street at the time of the collision. She had activated her right indicator light. The traffic lights facing her showed a green circle and a green arrow to the right into Mona Street. This meant that if the traffic lights were operating regularly, as the appellant came to them from the north they showed red.

When Mrs O'Connor saw the other vehicle, it was travelling fairly fast at first and then slowed down. It was about one block away, that is in the next street to the north. She stopped, she said, because it was coming. In a couple of seconds the green arrow came on, she said that she started to move off and stopped again and then the collision occurred.

Mr Faraj's evidence was that some 150 metres from the intersection with Mona Street there was a Total Service Station. Mr Faraj said he was travelling some 25 kilometres per hour and noticed that the traffic lights ahead of him were red. He then said that the traffic lights changed to green when he was some forty to fifty metres from the intersection. When he noticed that the traffic lights were red one hundred and fifty metres from the intersection, he said that he slowed down and following the change to green he accelerated. When the lights changed to green he noticed the car pointing in the opposite direction and he noticed there was a white car which had no lights. He himself had his parking lights on. He said that the other car which was travelling pointing in the opposite direction to him had its right hand indicator working and he considered that it was turning to the right. He said in order to avoid a collision he veered to the left, the other vehicle kept going, and then he heard a loud bang.