NSW Caselaw
New South Wales Court of Appeal
CITATION : Yeats v Nominal Defendant & Anor [2004] NSWCA 259 HEARING DATE(S) : 28/06/04 JUDGMENT DATE : 5 August 2004
JUDGMENT OF : Mason P at 1; Beazley JA at 2; Cripps AJA at 3 DECISION : 1. Appeal dismissed. 2. The appellant to pay the costs of the respondents.
CATCHWORDS : Negligence - Semitrailer turned over at roundabout - Unidentified motor vehicle - Findings of the Master that there was no unidentified motor vehicle open on the evidence and adequate reasons given for rejecting the plaintiff's claim - Defective construction of the roundabout by the RTA not established and, in any event, no causal nexus was established between the construction of the roundabout and the accident. APPELLANT Garry Neil Yeats FIRST RESPONDENT PARTIES : Nominal Defendant SECOND RESPONDENT Roads & Traffic Authority of New South Wales
FILE NUMBER(S) : CA 40416/03 APPELLANT Mr M J Cranitch SC with Mr C M Egan COUNSEL : FIRST RESPONDENT Mr W M Fitzsimmons SECOND RESPONDENT Mr R W Seton APPELLANT Beilby Poulden Costello SOLICITORS : FIRST RESPONDENT David McLachlan SECOND RESPONDENT McCabe Terrill
LOWER COURT Supreme Court - Common Law Division JURISDICTION : LOWER COURT 20681/00 FILE NUMBER(S) : LOWER COURT Master Malpass JUDICIAL OFFICER :
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40416/03
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