Nettleton v Rondeau [2014] NSWSC 903

Supreme Court New South Wales

Medium Neutral Citation: Nettleton v Rondeau [2014] NSWSC 903 Hearing dates: 14/04/201415/04/2014 Decision date: 08 July 2014 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: Verdict in favour of the plaintiff against the defendant with damages to be assessed, such damages are to be reduced by 25 percent to take account of the plaintiff's contributory negligence. Catchwords: TORTS - negligence - motor vehicle accident - collision between motor vehicle emerging from driveway and cyclist - whether driver breached duty of care - sections 5B and 5C Civil Liability Act 2002 - whether cyclist was contributorily negligent - proportionment of liability between driver and cyclist - whether collision was a blameless motor accident as defined by s7A Motor Accidents Compensation Act 1999. Legislation Cited: Australian Road Rule 195 Civil Liability Act 2002 - ss5B,5C Motor Accidents Compensation Act 1999 - ss 3, 7A, 7B, 7C Uniform Civil Procedure Rules 2002 Cases Cited: Axiak v Ingram [2012] NSWCA 311 Gordon v Truong; Truong v Gordon [2014] NSWCA 97 Nettleton v Rondeau [2013] NSWSC 1321 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; 59 ALJR 492 Warth v Lafsky [2014] NSWCA 94 Category: Principal judgment Parties: Bruce Nettleton - Plaintiff Jocelyn Germaine Rondeau - Defendant Representation: Counsel: Dr AS Morrison SC/Ms J Gumbert - Plaintiff Mr W Fitzsimmons - Defendant Solicitors: Stacks Goudkamp - Plaintiff Moray & Agnew - Defendant File Number(s): 2012/308746