Qui v Obeid [2019] NSWCA 207

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Qui v Obeid [2019] NSWCA 207 Hearing dates: 3 May 2019 Decision date: 22 August 2019 Before: Gleeson JA at [1]; Payne JA at [2]; Simpson AJA at [3] Decision: (1) Appeal dismissed; (2) Cross-appeal dismissed; (3) Appellant to pay the respondent's costs of the appeal. Catchwords: MOTOR ACCIDENTS – where collision between two vehicles – where plaintiff injured and sought compensation under Motor Accidents Compensation Act 1999 (NSW) – whether plaintiff's car parked kerbside or executing a U-turn or right turn at time of collision – where primary judge found plaintiff's car was performing a U-turn or right turn at time of collision – no error in fact finding by primary judge Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW), ss 75A, 101(2)(r) Cases Cited: Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Robinson Helicopter Co Inc v McDermott [2016] HCA 22; (2016) 90 ALJR 679 Category: Principal judgment Parties: Kylie Qui (Appellant) Abdullah Obeid (Respondent) Representation: Counsel: J Turnbull SC/J Rowe (Appellant) K Rewell SC/J A Gracie (Respondent)

Solicitors: State Law Group (Appellant) Holman Webb Lawyers (Respondent) File Number(s): 2018/234736 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Civil Date of Decision: 12 July 2018 Before: Sorby ADCJ File Number(s): 2016/46985