Broadhurst v WILLIAMS

In *Broadhurst v Williams*, the New South Wales Court of Appeal considered a dispute between the appellant, Broadhurst, and the respondent, Williams. The case concerned an appeal against a decision of the District Court.

The primary legal issue before the Court of Appeal was whether the District Court judge had erred in law by failing to make a finding as to the appellant's contributory negligence. This question arose in the context of an assessment of damages following a motor vehicle accident.

The Court of Appeal held that the District Court judge had indeed erred. It was established that the judge had a duty to consider and make a finding on the issue of contributory negligence, even if it was not specifically pleaded by the defendant. The Court reiterated the principle that a judge must address all relevant issues arising from the evidence presented, and that failure to do so constitutes an error of law. The Court found that the evidence presented at trial was sufficient to warrant consideration of contributory negligence.

Consequently, the Court of Appeal allowed the appeal, set aside the original judgment, and remitted the matter back to the District Court for a new trial on the issue of contributory negligence and consequential reassessment of damages.