Draca v Silva [2012] NSWCA 312

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Draca v Silva [2012] NSWCA 312 Hearing dates: 10 September 2012 Decision date: 27 September 2012 Before: Hoeben JA at [1] Sackville AJA at [2] Tobias AJA at [3] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: MOTOR VEHICLE ACCIDENT - negligence- personal injury - whether primary judge erred in finding that the respondent was not aware at the time of the collision that the collision had occurred - whether the primary judge erred in failing to consider the evidence of eyewitnesses contrary to the respondent's version of events - whether the primary judge erred in finding that the respondent was not guilty of failing to keep a proper lookout or that he was in breach of his duty of care by failing to facilitate the appellant's need to move lanes Cases Cited: Draca v Silva (DC, Walmsley DCJ, 19 August 2011, unreported) Manley v Alexander [2005] HCA 79; (2005) 80 ALJR 413 Sibley v Kais (1967) 118 CLR 424 Category: Principal judgment Parties: Slavko Draco (Appellant) Carlos Silva (Respondent) Representation: D E Baran (Appellant) J A Gracie (Respondent) NSW Compensation Lawyers (Appellant) Vardanega Roberts Solicitors (Respondent) File Number(s): 2010/00151234 Decision under appeal Date of Decision: 2011-08-19 00:00:00 Before: Walmsley DCJ File Number(s): 2010/151234