Cook v. Hawes [2002] NSWCA 79

New South Wales Court of Appeal

CITATION : Cook v. Hawes [2002] NSWCA 79 FILE NUMBER(S) : CA 40629/01 HEARING DATE(S) : 18 March 2002 JUDGMENT DATE : 22 March 2002

PARTIES : Brian James Cook - appellant Alan Leslie Hawes - respondent JUDGMENT OF : Stein JA at 1; Hodgson JA at 2; Ipp AJA at 34

LOWER COURT JURISDICTION : District Court LOWER COURT DC 7701/99 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :

COUNSEL : Mr. J.D. Hislop QC with Mr. D. Ronzani for appellant Ms. S. Norton SC with Mr. R.A. Smith for respondent SOLICITORS : Blake Dawson Waldron, Sydney for appellant Andrew Fegent & Co., Sydney for respondent CATCHWORDS : TORTS - Negligence - Contributory negligence - Apportionment of responsibility - Van hitting pedestrian crossing against traffic lights - Whether 50/50 apportionment reasonable. D. Podrebersek v. Australian Iron & Steel Pty. Limited (1985) 59 ALJR 429 at 493-4 Liftronic Pty. Limited v. Unver [2001] HCA 24 CASES CITED: Government Insurance Office of NSW v. Ergul, NSW Court of Appeal, 17/12/93 Stocks v. Baldwin, NSW Court of Appeal, 20/9/96 Tsuji v. Metromix Pty. Limited, NSW Court of Appeal, 17/12/98. DECISION : 1.Appeal allowed ; 2.Judgment for the respondent for $93,205.18 to be substituted for the judgment below for $229,532.41; 3.Respondent to pay one-half of the appellant's costs of the appeal, and to have a suitor's fund certificate if otherwise entitled, unless within 14 days either party provides the Court with written submissions on costs, in which case the Court will re-consider the question of costs on the basis of those submissions and any written submissions from the other side received within a further 7 days.