Warth v Lafsky [2014] NSWCA 94

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Warth v Lafsky [2014] NSWCA 94 Hearing dates: 28 February 2013 Decision date: 01 April 2014 Before: McColl JA at [1], Preston CJ of LEC at [146], Tobias AJA at [147] Decision: (1) Grant leave to appeal. (2) Appeal dismissed with costs. (3) Remit the proceedings to the District Court to assess the damages to which the respondent is entitled. (4) Any application to vary the costs order to be filed and served within 7 days supported by written submissions not to exceed 5 pages. (5) Any written submissions in response to the application to be filed and served within 7 days of receipt of the application supported by written submissions not to exceed 5 pages. [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 - motor vehicle accident - collision between motor vehicle and child on scooter - where driver driving at excessive speed - whether driver failed to keep proper lookout

TORTS - negligence - motor vehicle accident - causation - whether driver could have stopped vehicle before impact if driving at reasonable speed and keeping proper lookout - whether any negligence on driver's part a necessary condition of occurrence of harm - S 5D Civil Liability Act 2002 (NSW) - whether accident inevitable