Lyons v Fletcher [2014] NSWCA 67

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lyons v Fletcher [2014] NSWCA 67 Hearing dates: 14/02/2014 Decision date: 18 March 2014 Before: Macfarlan JA at [1] Emmett JA at [9] Gleeson JA at [61] Decision: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. [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: TORTS - negligence - road accident cases - liability of drivers of vehicles - failure to look-out - pedestrian accidents - whether defendant should have had headlights on high beam - whether breach of duty - whether causation established Legislation Cited: Civil Liability Act 2002 (NSW), s 5D Cases Cited: Derrick v Cheung [2001] HCA 48; 181 ALR 301 South Tweed Heads Rugby League Football Club Ltd v Cole [2002] NSWCA 205; 55 NSWLR 113 Marien v Gardiner [2013] NSWCA 396 Category: Principal judgment Parties: Suzanne Therese Lyons (Appellant) Clay Fletcher (Respondent) Representation: Counsel: L King SC with C Hickey (Appellant) K Rewell SC with J Turnbull (Respondent) Solicitors: Everingham Solomons (Appellant) McInnes Wilson Lawyers NSW (Respondent) File Number(s): CA 2012/377239 Publication restriction: No Decision under appeal Date of Decision: 2012-11-09 00:00:00 Before: Mahony SC DCJ File Number(s): 10/2633476