Birse and ANOR. v Aristocrat Leisure Industries Pty Limited

The appeal concerned a motor vehicle accident involving a car and a road train. The driver of the car, Ms Birse, was turning right across the path of an overtaking road train operated by Aristocrat Leisure Industries Pty Limited. The appeal was heard by Powell and Giles JJA, and Rolfe AJA.

The court was required to determine whether the driver of the car was negligent in executing her right turn, and conversely, whether the driver of the road train was negligent in the manner of his overtaking manoeuvre.

The court found that the driver of the car was negligent in failing to keep a proper lookout for oncoming traffic and in turning across the path of the road train when it was unsafe to do so. The court also found that the driver of the road train was not negligent, as he was entitled to overtake the car and had taken reasonable steps to do so safely. The legal principles applied centred on the duty of care owed by drivers on the road and the assessment of whether that duty had been breached in the circumstances of the accident.

The appeal was dismissed.