NSW Caselaw
Reported Decision : (2006) Aust Torts Reports 81-861
New South Wales Court of Appeal
CITATION: Latham v Fergusson [2006] NSWCA 288
HEARING DATE(S): 16/10/2006
JUDGMENT DATE: 3 November 2006
JUDGMENT OF: Santow JA at 1; McClellan CJ at CL at 2; Hoeben J at 3
DECISION: Leave to appeal be granted. The appeal is allowed. The judgment of McGuire DCJ be set aside and in lieu thereof judgment entered in favour of the claimant. Costs reserved pending the outcome of the application for leave to appeal in Firth v Latham & Ors in matter CA 40085/2006.
CATCHWORDS: Motor accident - child aged 23 months - masked by metal chevron sign on pedestrian crossing - motorist moving at low speed - breach of duty - whether breach caused accident - dangers of hindsight reasoning.
LEGISLATION CITED: Evidence Act 1995
Derrick v Cheung (2001) 181 ALR 301 CASES CITED: Knight v Maclean [2002] NSWCA 314 Tobin v Worland [2005] NSWCA 188 Vairy v Wyong Shire Council (2005) 80 ALJR 1
PARTIES: Kim Latham - Claimant Olivia Floyd Fergusson by her next friend Lara Floyd - Opponent
FILE NUMBER(S): CA 40964/05
COUNSEL: R Leatherbarrow SC/Ms C Allan - Claimant R Goodridge - Opponent
SOLICITORS: Abbott Tout - Claimant Firths - Opponent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4100/2004
LOWER COURT JUDICIAL OFFICER: J C McGuire DCJ
LOWER COURT DATE OF DECISION: 18 November 2005
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40964/2005 DC 4100/2004
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