MVA: latitude given to trial judges when apportioning liability

 

 Sellers-McGee v Hamwood & Anor [2011] QC 168

 

The appeal followed an apportionment of liability (75%/25%) against a child of 12 riding a recreational motor cycle and failing to give way to an oncoming vehicle. The Court of Appeal noted the latitude given to trial judges when apportioning liability on factual circumstances and refused to interfere with it.

Brisbane Barrister – David Cormack

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