Aukuso v Tahan

This matter concerned an appeal from a judgment of the Supreme Court of New South Wales following a fatal motor vehicle collision. The appellant, Mr Aukuso, and the respondent, Ms Tahan, were the drivers involved in the collision, and the dispute centred on determining which party was at fault for the accident.

The primary legal issues before the Court of Appeal were whether the primary judge had erred in their analysis of the conflicting witness accounts to determine liability, and if so, how liability should be apportioned between the parties, particularly in light of evidence that both vehicles were exceeding the speed limit at the time of the collision.

The Court of Appeal found that the primary judge had erred in their assessment of the evidence and the application of legal principles, particularly in relation to the credibility and weight afforded to certain witness statements. Applying the principles established in cases such as *Fox v Percy*, the Court re-evaluated the evidence and concluded that both parties bore some responsibility for the collision.

Consequently, the appeal was allowed in part, and the original judgment was set aside. Judgment was entered for the respondent, Ms Tahan, in the sum of $350,000, and each party was ordered to bear their own costs of the appeal.