Zheng v Wallace [2015] NSWSC 3

Supreme Court New South Wales

Medium Neutral Citation: Zheng v Wallace [2015] NSWSC 3 Hearing dates: 21, 22, 23, 24 July 2014 Decision date: 21 January 2015 Jurisdiction: Common Law Before: Price J Decision: Verdict and judgment for the plaintiff against the defendant in the sum of $606,473.60. Catchwords: NEGLIGENCE – motor vehicle accident in Western Australia – plaintiff's failure to give way to traffic travelling on a highway – disagreement in expert evidence – whether defendant breached his duty of care after the plaintiff's vehicle moved off from the give way line – whether defendant breached his duty of care before the plaintiff's vehicle moved off the give way line – whether court was bound to follow decisions of NSW Court of Appeal – CONTRIBUTORY NEGLIGENCE – consideration of s 5K CLA (WA) – objective test – whether capacity of a heavier vehicle to cause greater damage was relevant in the circumstances – apportionment of culpability Legislation Cited: Civil Liability Act 2002 (WA), ss 5B, 5C, 5K Motor Vehicle (Third Party Insurance) Act 1943 (WA) Cases Cited: Sibley v Kais [1967] HCA 43; (1967) 118 CLR 424 Warth v Lafsky [2014] NSWCA 94; (2014) 66 MVR 445 Marien v Gardiner [2013] NSWCA 396; (2013) 66 MVR 1 T and X Company Pty Ltd v Chivas [2014] NSWCCA 235; (2014) 67 MVR 297 Australian Securities Commission v Marlborough Gold Mines Ltd [1993] HCA 15; (1993) 177 CLR 485 Farrah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89 Town of Port Hedland v Hodder (No 2) [2012] WASCA 212; (2012) 294 ALR 315 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; 59 ALR 529 Nominal Defendant v Meakes [2012] NSWCA 66; (2012) 60 MVR 380 Category: Principal judgment Parties: Yin Fan Zheng (Plaintiff) Peter Townsend Wallace (Defendant) Representation: Counsel: Mr CT Barry QC with Mr J Davidson (Plaintiff) Mr KP Rewell SC (Defendant)