KANAAN v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES; NSW INSURANCE MINISTERIAL CORPORATION v SINNERBRINK [1996] NSWCA 289

KANAAN v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES; NSW INSURANCE MINISTERIAL CORPORATION v SINNERBRINK

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

COLE JA, GILES AJA and Simos AJA 17 September 1996

[1996] NSWCA 289

COMPETING accounts of cause of motor vehicle accident — unsuccessful challenge to trial judge's finding on credit.

Cole JA. On 12 May 1987 a collision occurred at the intersection of King Georges Road and Lakemba Street, Wiley Park. The driver of the vehicle travelling north along King Georges Road was a Mrs Sinnerbrink. The driver of the vehicle travelling east along Lakemba Street was a Mr Kanaan.

The collision occurred when the vehicle being driven by Mrs Sinnerbrink collided with the drivers side door of Mr Kanaan's vehicle. Mrs Sinnerbrink's vehicle had crossed the southern two lanes of Lakemba Road, and the next lane travelling north to the point of collision which was in the lane adjacent to the northern boundary of Lakemba Street,

Each of the drivers contended that when they entered the intersection the light which they were facing was green. It is obvious that both could not be correct.

The case of Mrs Sinnerbrink was that she was travelling north at about 60 kilometres per hour, that she had a green light in her favour, and that she entered the intersection. She gave evidence that there were other vehicles which were travelling in a similar direction. The accident occurred in the morning peak hour, and undoubtedly that would have been so.

The case of Mr Kanaan was that he was travelling to work in an easterly direction, that he came to the lights in Lakemba Street at the crossing with King Georges Road and that he stopped because the lights were red. He commenced to go into the intersection only after they changed to green in his favour.

At the trial Judge McDevitt found that the collision was due to the negligence of Mr Kanaan. There was no independent evidence concerning the accident, and on liability, apart from police evidence, there is only the evidence of the two drivers. As his Honour said, the question of assessment of liability was thus not an easy one.