T and X Company Pty Ltd v Chivas [2014] NSWCA 235

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: T and X Company Pty Ltd v Chivas [2014] NSWCA 235 Hearing dates: 13 March 2014 Decision date: 22 July 2014 Before: Beazley P at [1]; Basten JA at [18]; Barrett JA at [64] Decision: (1) Set aside order 1 made by the District Court on 28 March 2013. (2) In place thereof, give judgment for the plaintiff against the defendant in the sum of $200,000, such judgment to take effect from 28 March 2013. (3) Order that the appellant pay the respondent 50% of her costs in this Court. (4) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW) with respect to the balance of her 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: TORT - negligence - breach - motor vehicle accident - fatal collision with pedestrian - finding at trial of driving at excessive speed - whether there was a failure to take reasonable care in respect to pedestrians - failure to reduce speed as a precaution to avoid the risk of harm - Civil Liability Act 2002 (NSW), s 5B

TORT - negligence - causation - motor vehicle accident - excessive speed found at trial to have caused collision - whether trial judge erroneously relied on hindsight in determining causation - error alleged in establishing causation from the speed at which the collision could have been avoided - Civil Liability Act 2002 (NSW), s 5D