Crisp v Burridge

The appeal in *Crisp v Burridge* concerned a motor accident and the standard of care required of drivers. The appellant, Mr Crisp, appealed against the decision of the primary judge who had found him to be solely responsible for the accident. The appeal was heard in the Court of Appeal of New South Wales by Sheller, Hodgson and Santow JJA.

The central legal issue before the Court of Appeal was whether the primary judge's findings of fact, which led to the conclusion that Mr Crisp was negligent and solely liable for the accident, were vitiated by errors. This required the appellate judges to consider the evidence presented at trial and determine if the primary judge had applied the correct legal principles in assessing the conduct of the drivers involved.

The Court of Appeal found that the primary judge had erred in his findings of fact and in his application of the law. Consequently, the appeal was allowed, the orders of the primary judge were set aside, and the respondent was ordered to pay the appellant's costs of the appeal. The parties were directed to provide written submissions regarding further orders to be made.