Cortiana v Guihot

The appeal in *Cortiana v Guihot* concerned a collision between a motor bike and a car towing a trailer. The driver of the car was making a right-hand turn when the collision occurred. The appeal was heard by Giles JA, Santow and Hislop JJ.

The primary legal issues before the court were whether the trial judge had erred in finding that the car driver's turning indicator was working at the time of the turn, and whether the car driver had failed to take reasonable care by not checking for the motor bike before turning.

The Court of Appeal found no error in the trial judge's finding that the turning indicator was functioning. Regarding the second issue, while the trial judge had not explicitly dealt with the car driver's duty to check for the motor bike, the evidence presented was such that the Court concluded there was no failure on the part of the car driver. The evidence was considered to be all one way, indicating no negligence on the part of the respondent.

The appeal was dismissed, with the appellant ordered to pay the respondent's costs of the appeal. The costs order made by the court below was also confirmed.