Camilleri v Allen

In *Camilleri v Allen*, the New South Wales Court of Appeal considered a dispute between the appellant, Camilleri, and the respondent, Allen. The case concerned an appeal against a decision of the District Court, which had found in favour of Allen.

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 whether the appellant had been contributorily negligent. This question arose in the context of a claim for damages for personal injuries sustained by the appellant.

The Court of Appeal held that the District Court judge had indeed erred. It reasoned that the judge was required to make a finding on contributory negligence, even if the evidence was not entirely clear, as it was a question of fact that went to the apportionment of damages. The Court applied the principles of negligence and contributory negligence, emphasizing the duty of a judge to consider all relevant issues raised by the evidence.

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