NSW Caselaw
New South Wales Court of Appeal
CITATION: Hathaway & Anor v Thorpe bht Kinghorn [2006] NSWCA 163
HEARING DATE(S): 15/06/06
JUDGMENT DATE: 30 June 2006
JUDGMENT OF: Santow JA at 1; Ipp JA at 2; McColl JA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: NEGLIGENCE - respondent injured in a motor vehicle accident while riding his bicycle at night - respondent's bicycle did not have lights as required by Australian Road Rule 259 - driver of motor vehicle was attempting a right turn at the time of impact - failure by driver of motor vehicle to take reasonable care - contributory negligence. ND
LEGISLATION CITED: Australian Road Rule 259 Civil Liability Act 2002 (NSW), ss 5B, 5S
Anikin v Sierra [2004] HCA 64; (2004) 79 ALJR 452 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 CASES CITED: Joslyn v Berryman [2003] HCA 34; (2003) 214 CLR 552 Liftronic Pty Ltd v Unver [2001] HCA 24; (2001) 75 ALJR 867 Pennington v Norris [1956] HCA 26; (1956) 96 CLR 10 Podrebersek v Australian Iron and Steel Pty Ltd [1985] HCA 34; (1985) 59 ALJR 492
Bronwyn Kate Hathaway (First Appellant) PARTIES: Sarah Hathaway (Second Appellant) Jason Frederick Thorpe by his tutor Deidre Kinghorn (Respondent)
FILE NUMBER(S): CA 40630/05
COUNSEL: L M Morris QC/B Kelleher (Appellants) BMJ Toomey QC/DRJ Toomey (Respondent)
SOLICITORS: Moray & Agnew (Appellants) McClellands (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 32/2003
LOWER COURT JUDICIAL OFFICER: Puckeridge DCJ
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate