NSW Caselaw
New South Wales Court of Appeal
CITATION: STIG v FINCH & ANOR [2007] NSWCA 242
HEARING DATE(S): 21 June 2007
JUDGMENT DATE: 14 September 2007
JUDGMENT OF: Santow JA at 1; McClellan CJ at CL at 2; Handley AJA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: Negligence – running down case – no question of principle.
Abalos v Australian Postal Commission (1990) 171 CLR 167 CASES CITED: Ahmedi v Ahmedi (1991) 23 NSWLR 288 Jones v Dunkel (1959) 101 CLR 298
David Leslie Stig - Appellant PARTIES: Gary Norman Finch - First Respondent Stephen David Wrigley - Second Respondent
FILE NUMBER(S): CA 40728/2006
COUNSEL: D. Kennedy SC and G.J. Smith - Appellant S. Norton SC and D.M. Wilson - Respondents
SOLICITORS: Bale Boshev Lawyers - Appellant Moray & Agnew - Respondents
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 20117/2004
LOWER COURT JUDICIAL OFFICER: Cooper AJ
LOWER COURT DATE OF DECISION: 17 October 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA40728/06
SANTOW JA MCCLELLAN CJ AT CL HANDLEY AJA
14 SEPTEMBER 2007 DAVID LESLIE STIG & ANOR v GARY NORMAN FINCH & ANOR
CATCHWORDS
Negligence – running down case – no question of principle. HEADNOTE
The plaintiff who had been lying on his stomach in the middle of the Pacific Highway rolled over and got to his feet when vehicles travelling in opposite directions were very close. He was struck by the northbound vehicle and seriously injured. The only eyewitness evidence was given by the occupants of the southbound vehicle. The trial judge was not persuaded that the driver of the northbound vehicle had failed to keep a proper lookout or that he could have stopped or swerved in time to avoid the accident. The plaintiff appealed. HELD: On the findings of the trial judge which could not be disturbed and the objective evidence the Court could not infer that the driver had failed to keep a proper lookout and accordingly the principles in Jones v Dunkel could not assist the plaintiff.
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