NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court -1 August 2008
New South Wales Court of Appeal
CITATION: KOLLAS v SCURRAH [2008] NSWCA 17
HEARING DATE(S): 5 February 2008
JUDGMENT DATE: 7 March 2008
JUDGMENT OF: Mason P at 1; Basten JA at 2; Bell JA at 23
DECISION: 1. The appeal is dismissed 2. The appellant is to pay the respondent's costs
CATCHWORDS: TORT - Apportionment of liability - Breach of duty - Causation - Contributory Negligence - Duty of care - Moving in hazardous conditions - Moving in hazardous circumstances - Negligence - Oversize vehicle - Reasonable warning - Road Transport (Safety and Traffic Management (Road Rules) Regulation 1999 - What constitutes - Flashing lights - Hazard lights - WORDS AND PHRASES - "moving in hazardous circumstances" - "moving in hazardous conditions"
LEGISLATION CITED: Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 Road Transport (Vehicle Registration) Regulation 1998
CASES CITED: State of New South Wales v Fahy [2007] HCA 20
PARTIES: William George KOLLAS (Appellant) Kenneth Albert SCURRAH (Respondent)
FILE NUMBER(S): CA 40691/06
COUNSEL: B J Gross QC / D J Williams (Appellant) D J Russell SC (Respondent)
SOLICITORS: Garden & Montgomerie Solicitors (Appellant) Ferguson Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 114/02
LOWER COURT JUDICIAL OFFICER: Gibb DCJ
LOWER COURT DATE OF DECISION: 29 September 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40691/06 DC 2940/04
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