Derrick v Cheung

Derrick v Cheung concerned a dispute between the appellant, Derrick, and the respondent, Cheung, arising from a motor vehicle accident. The case was heard by the High Court of Australia.

The central legal issue before the High Court was whether the respondent, Cheung, owed a duty of care to the appellant, Derrick, in circumstances where the respondent's vehicle was parked on the wrong side of the road, facing oncoming traffic, and the appellant, who was riding a motorcycle, collided with the respondent's vehicle. The court was required to consider the scope of the duty of care owed by a driver to other road users, particularly in relation to the manner in which a vehicle is parked and its visibility to oncoming traffic.

The High Court held that a driver owes a duty of care to other road users to drive in a manner that does not create an unreasonable risk of harm. In this instance, the court found that parking a vehicle on the wrong side of the road, facing oncoming traffic, created a foreseeable risk of harm to other road users, including motorcyclists. The court reasoned that the respondent's actions in parking the vehicle in such a manner constituted a breach of the duty of care owed to the appellant, as it created a hazard that a reasonable driver would have foreseen and avoided. The principles of negligence, including the existence of a duty of care, breach of that duty, and causation of damage, were applied.

The High Court allowed the appeal, finding that the respondent was liable for the appellant's injuries.