NSW Caselaw
New South Wales Court of Appeal
CITATION: Azzopardi v. Constable; Azzopardi v. Thompson [2006] NSWCA 319 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 2 November 2006
JUDGMENT DATE: 22 November 2006
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 49; McColl JA at 57
DECISION: 1. Appeals allowed. 2. Verdicts and judgments for the respondents varied by substituting in each case a reduction for contributory negligence of 50% and making consequential amendments. 3. Respondents to pay two-thirds of the appellant's costs of the appeals, and to have a Suitors' Fund certificate if otherwise entitled.
CATCHWORDS: TORT - NEGLIGENCE - Motor accident - Whether factual errors made by primary judge - Whether primary judge erred in finding negligence - Whether apportionment for contributory negligence unreasonable.
Liftronic Pty. Limited v. Unver (2001) 179 ALR 321, [2001] HCA 24 CASES CITED: Pledge v Roads and Traffic Authority (2004) 78 ALJR 572 Podrebersek v. Australian Iron & Steel Pty. Limited (1985) 59 ALJR 492
Emma Azzopardi - appellant PARTIES: Warren James Constable - respondent Edward Thompson - respondent
FILE NUMBER(S): CA 40086/06; CA 40087/06
COUNSEL: Mr. J. Poulos QC with Mr. J. Ryan for appellant Mr. B. Dooley with Mr. T. Edwards for respondents
Sparke Helmore, Newcastle for appellant SOLICITORS: Curtis Gant Irving, Muswellbrook for Constable Marshall & Partners, Raymond Terrace for Thompson
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 130/05 DC 131/05
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