NSW Caselaw
New South Wales Court of Appeal
CITATION: SHARPE v GORDON; QBE WORKERS COMPENSATION (NSW) LTD v GORDON [2006] NSWCA 347
HEARING DATE(S): 23/08/2006
JUDGMENT DATE: 12 December 2006
JUDGMENT OF: Mason P at 1; Ipp JA at 2; Bryson JA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: NEGLIGENCE - motor vehicle collides with motor bike while exiting car park and crossing footpath - postal motor bike on footpath ARR 288(1) and RT (STM)(RR) Reg 32(b) - rider injured - neither driver nor rider observed the other until almost at collision - on consideration of evidence and findings, decision of DCJ that there was no negligence affirmed. Decision on facts.
Australian Road Rules rr.74, 288, 313(2) LEGISLATION CITED: Road Transport (Safety And Traffic Management) (Road Rules) Regulation 1999 (NSW) cl.32(b) Workers Compensation Act 1987 (NSW) s.151Z(1)(d)
Rebecca Sharpe - Appellant Morris Gordon - 1st Respondent PARTIES: Sotiana Leba Gordon - 2nd Respondent
QBE Workers Compensation (NSW) Ltd - Appellant Morris Gordon - 1st Respondent
FILE NUMBER(S): CA 40029/06; CA 40197/06
R.S. McIlwaine SC & G.J. Davidson - Appellant COUNSEL: M.H. Best - Appellant
S.G. Campbell SC & W. Fitzsimmons - Respondent
Carneys Lawyers - Appellant Sparke Helmore Solicitors - Respondents SOLICITORS: Gillis Delaney Lawyers - Appellant Sparke Helmore Solicitors - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 1382/03; DC 6586/02
LOWER COURT JUDICIAL OFFICER: Balla DCJ
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