Astec Pty Limited v Yass Truck & Tractor Pty Limited

Astec Pty Limited appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned allegations of negligence brought by Yass Truck & Tractor Pty Limited against Astec.

The Court of Appeal was required to determine whether the trial judge had erred in finding that Astec was negligent and whether the trial judge had made a correct finding regarding contributory negligence on the part of Yass Truck & Tractor.

The Court of Appeal, comprising Sheller, Beazley and Fitzgerald JJA, reviewed the evidence and the findings of fact made by the trial judge. The Court concluded that the trial judge's findings of fact were open to him on the evidence presented and that there was no error in law. The principles of negligence and contributory negligence were applied in accordance with established common law.

The appeal was dismissed, and Astec Pty Limited was ordered to pay the costs of Yass Truck & Tractor Pty Limited.