Little v Mackellar [2012] NSWCA 331

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Little v Mackellar [2012] NSWCA 331 Hearing dates: 12 October 2012 Decision date: 12 October 2012 Before: Basten JA at [1], [31]; Campbell JA at [29]; Barrett JA at [30] Decision: (1) Dismiss the appeal. (2) Appellant to pay the respondent's 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: TORT - negligence - motor vehicle accident - collision at night between bicycle and car - whether driver was keeping a proper lookout - whether driver was travelling at excessive speed - whether driver should have seen cyclist - whether bicycle was carrying reflectors - whether cyclist was keeping a proper lookout Cases Cited: Derrick v Cheung [2001] HCA 48; 181 ALR 301 Stocks v Baldwin (1996) 24 MVR 416 Category: Principal judgment Parties: Mark John Little (Appellant) Keith Mackellar (Respondent) Representation: Counsel:

Mr D W Elliott (Appellant) Mr R A Cavanagh QC/Mr J Guihot Solicitors:

S & P Lawyers (Appellant) TL Lawyers (Respondent) File Number(s): CA 2012/38125 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-10-26 00:00:00 Before: Blanch CJDC File Number(s): DC 2009/339230