Bates v Gillham [2016] NSWCA 129

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bates v Gillham [2016] NSWCA 129 Hearing dates: 23 May 2016 Decision date: 30 May 2016 Before: Beazley P at [1]; Basten JA at [2]; Simpson JA at [41] Decision: (1) Allow the appeal and set aside the judgment and orders made in the District Court.

(2) In place thereof, give judgment for the defendant and order that the plaintiff pay the costs of the trial.

(3) Order that the respondent pay the appellant's costs of the appeal.

(4) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: NEGLIGENCE – scope of duty of care – breach of duty – plaintiff's vehicle collided with vehicle stationary in centre lane waiting to turn right – turn across painted lines not unlawful – whether reasonable person in the position of the driver would not have attempted the turn – need to consider line of sight for following vehicles and road and traffic conditions – no issue of principle Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D, 5E Category: Principal judgment Parties: Barbara Joan Bates (Appellant) Thane Bruce Gillham (Respondent) Representation: Counsel: Mr D Wilson SC/Mr R Perla (Appellant) Mr R Sheldon SC/Mr J Reimer (Respondent)

Solicitors: Moray & Agnew Lawyers (Appellant) Brydens Lawyers (Respondent) File Number(s): CA 2015/311321 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 25 September 2015 Before: Maiden DCJ File Number(s): 2012/186754