NSW Caselaw
New South Wales Court of Appeal
CITATION: Philp v Ross [2005] NSWCA 320
HEARING DATE(S): 08/08/05
JUDGMENT DATE: 19 September 2005
JUDGMENT OF: Mason P at 1; Beazley JA at 2; Campbell AJA at 3
DECISION: 1. Appeal allowed ; 2. Verdict and judgment of Judge Sidis set aside and in lieu thereof verdict and judgment in the sum of $261,357 ; 3. Cross appeal dismissed ; 4. The respondent to pay the costs of the appeal and cross appeal.
CATCHWORDS: Negligence - Collision of pantechnicon and right turning B-Double at intersection - Rules 32 and 143 of Australian Road Rules - Adequacy of reasons.
LEGISLATION CITED: Australian Road Rules 1999
Carthew v Badger [2004] NSWCA 317 CASES CITED: Beale v Government Insurance Office of NSW (1997) 44 NSWLR 430 Mifsud v Campbell (1991) 21 NSWLR 725
Paul Philp - Appellant PARTIES: Grant Ross - Respondent
FILE NUMBER(S): CA 40741/04
Ms A Katzmann SC with Mr T Edwards - Appellant COUNSEL: Mr P Garling SC with Mr J Turnbull - Respondent
Bale Boshev Lawyers - Appellant SOLICITORS: Hunt & Hunt Lawyers - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 250/02
LOWER COURT JUDICIAL OFFICER: Sidis DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40741/04 DC 250/02
MASON P BEAZLEY JA M W CAMPBELL AJA
Monday 19 September 2005
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