Bugeja v Jarrett [2017] NSWCA 219

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bugeja v Jarrett [2017] NSWCA 219 Hearing dates: 18 August 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Before: Gleeson JA at [1] Emmett AJA at [2] Davies J at [5] Decision: (1) Appeal allowed.

(2) Set aside the judgment of the District Court (Judge Levy SC) of 18 November 2016.

(3) In lieu, judgment for the defendants.

(4) The plaintiff is to pay the defendants' costs of the trial.

(5) The respondent is to pay the appellants' costs of the appeal.

(6) The respondent is to have a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: NEGLIGENCE – motor vehicle accident – whether appellants' vehicle negligently pulled out onto road and caused accident – whether trial judge's findings on reliability of witnesses could be supported by the evidence – trial judge gave insufficient weight to inconsistencies in the plaintiff's account – trial judge erred in assessing evidence of third party involved in the accident as unreliable – trial judge erred in findings on sequence of collisions – appeal upheld – judgment in favour of the appellants Legislation Cited: Suitors' Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Jarrett v Bugeja & Anor [2016] NSWDC 309 Nominal Defendant v Smith [2015] NSWCA 339 Tarabay v Leite [2008] NSWCA 259 Category: Principal judgment Parties: Kevin Bugeja (First Appellant) All Star Commercial Kitchens Pty Ltd (Second Appellant) Debra Jarrett (Respondent) Representation: Counsel: W Fitzsimmons & M Nesbeth (First and Second Appellants) D Campbell SC & J Ryan (Respondent)