Dungan v Chan [2013] NSWCA 182

Dungan v Chan [2013] NSWCA 182

 

Before Ward JA at [1];
Emmett JA at [2];
Gleeson JA at [25]
Decision (1) Appeal dismissed.(2) Appellant pay the respondent’s costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court’s computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords TORTS – negligence – road accident – whether driver breached duty of care to pedestrian – where collision occurred when traffic light green for vehicles – where pedestrian broke rules by commencing to cross when pedestrian light flashing red – whether driver failed to keep proper lookout 

David Cormack – Brisbane Barrister.

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