Dent v Calcagno [2016] NSWCA 289

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dent v Calcagno [2016] NSWCA 289 Hearing dates: 24 August 2016 Decision date: 19 October 2016 Before: Basten JA at [1]; Macfarlan JA [59]; Sackville AJA [65] Decision: 1. Appeal allowed. 2. Set aside Orders 1 and 2 made by the primary Judge on 18 December 2015. 3. In lieu thereof make the following orders: 1. Judgment for the defendant. 2. The plaintiff pay the defendant's costs. 4. Dismiss the cross-appeal. 5. The respondent pay the appellant's costs of the appeal. 6. The respondent have a certificate under the Suitors' Fund Act 1951 (NSW). 7. No order as to the costs of the cross-appeal. Catchwords: TORTS - negligence – vehicle turning into driveway on country road – collision with overtaking cyclist – whether driver of vehicle negligent by failing to look in rear vision mirror before turning – whether primary Judge erred in finding that right hand indicator activated late – whether driver was negligent if indicator activated earlier than primary Judge found. Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D Suitors' Fund Act 1951 (NSW)

Road Rules 2008 (NSW) rr 48, 140, 142, 144 Cases Cited: Calcagno v Dent [2015] NSWDC 308 Gordon v Truong [2014] NSWCA 97 Category: Principal judgment Parties: Norma Maree Dent (Appellant) Steve Calcagno (Respondent) Representation: Counsel: Mr P Deakin QC and Mr A J Parker (Appellant/Cross Respondent) Mr E G Romaniuk SC and M G Gilbert (Respondent/Cross Appellant)