John Evans v Hudson Building Supplies Pty Ltd [2008] NSWCA 359

New South Wales Court of Appeal

CITATION: John Evans v Hudson Building Supplies Pty Ltd [2008] NSWCA 359

HEARING DATE(S): 19 December 2008 JUDGMENT OF: Giles JA at 1, 16, 18; Macfarlan JA at 17; Gyles AJA at 2

EX TEMPORE JUDGMENT DATE: 19 December 2008

1. The appeal be allowed. 2. The judgment below be set aside. DECISION: 3. The matter be remitted to the District Court for re-hearing on the issue of liability only. 4. The respondents pay the costs of the appellants and the respondents, if otherwise qualified, have a certificate under the Suitors' Fund Act 1951. 5. The costs of the first trial be left to the disposition of the judge hearing the re-trial.

CATCHWORDS: TORTS - negligence - motor vehicle accidents - where two consecutive rear-end collisions involving three vehicles in total - where appellant driver of first vehicle - assessment of appellant's contribution to damage to second vehicle at 60 per cent - whether finding of liability and contribution assessment supported by evidence at trial as to operation and activation of appellant's vehicle's tail lights, brake lights and indicator lights and vehicles' respective braking patterns - matter remitted for re-hearing as to liability

LEGISLATION CITED: Suitors' Fund Act 1951

CATEGORY: Principal judgment

John Evans - First Appellant PARTIES: Gregory Nunn - Second Appellant Hudson Building Supplies Pty Ltd - First Respondent Stephen Dye - Second Respondent

FILE NUMBER(S): CA 40105/08

K Rewell SC and PJ Nolan - First and Second Appellants COUNSEL: L King SC and R Harrington - First Respondent GJ Bellew SC and PR Sternberg - Second Respondent