Turkmani v Visvalingam [2009] NSWCA 211

New South Wales Court of Appeal

CITATION: Turkmani v Visvalingam [2009] NSWCA 211

HEARING DATE(S): 2 July 2009

JUDGMENT DATE: 27 July 2009

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 7; McColl JA at 60

(1) Appeal allowed in part. DECISION: (2) The amounts set out in the order below bearing date 16 October 2008 and 22 October 2008, in respect of the judgment for the respondents and the payment of money to or for the benefit of the various respondents, all to be reduced by one-half, the judgment to bear interest from 16 October 2008. (3) Respondents to pay the appellant's costs of the appeal and to have a certificate under the Suitors' Fund Act 1951 if otherwise eligible.

CATCHWORDS: TORTS – Negligence – Motor vehicle accident – Vehicle strikes pedestrian crossing at an intersection against "don't walk" sign – Whether primary judge's finding that driver liable was in error – Whether primary judge's assessment of contributory negligence at sixty per cent was in error.

LEGISLATION CITED: Compensation to Relatives Act 1897

CATEGORY: Principal judgment

Anikin v Sierra [2004] HCA 64; (2004) 79 ALJR 452 Cook v Hawes [2002] NSWCA 79 Jarzebski v Jiminez [2006] NSWCA 104 Joslyn v Berryman [2003] HCA 34; (2003) 214 CLR 552 CASES CITED: Liftronic Pty Limited v Unver [2001] HCA 24; (2001) 179 ALR 321 Manley v Alexander [2005] HCA 79; (2005) 80 ALJR 413 Podrebersek v Australian Iron and Steel Pty Limited [1959] HCA 34; (1959) 59 ALR 529 Warren v Coombes [1979] HCA 9; (1979) 142 CLR 531 Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40