Yeats v Nominal Defendant & Ors [2003] NSWSC 583

New South Wales Supreme Court

CITATION : Yeats v Nominal Defendant & Ors [2003] NSWSC 583 HEARING DATE(S) : 16 - 20 June 2003 JUDGMENT DATE : 30 June 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The first and second defendants are to have judgment on the claims made against them by the plaintiff. The plaintiff is to pay the costs of the first and second defendants. The Exhibits may be returned.

CATCHWORDS : motor vehicle accident - roundabout - unidentified vehicle - design and signage - no question of principle. LEGISLATION CITED : Motor Accidents Act 1988. Supreme Court Rules 1970, Pt 33. CASES CITED : Livesey v NSW Bar Association (1983) 151 CLR 288. Webb v The Queen (1993) 181 CLR 41. Garry Neil Yeats (Plaintiff) v PARTIES : Nominal Defendant (First Defendant) Roads & Traffic Authority of NSW (Second Defendant) TNT Australia Pty Limited (Third Defendant) FILE NUMBER(S) : SC 20681 of 2000 Mr M J Cranitch SC/Mr D J Hooke (Plaintiff) COUNSEL : Mr W Fitzsimmons (First Defendant) Mr R W Seton SC (Second Defendant) Mr J Parker (Third Defendant) Beilby Poulden Costello (Plaintiff) SOLICITORS : David McLachlan (First Defendant) McCabe Terrill Lawyers (Second Defendant) Ebsworth & Ebsworth (Third Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Master Malpass

Monday 30 June 2003