Dungan v Chan

The appeal concerned a road accident in which the appellant, a pedestrian, was struck by a vehicle driven by the respondent. The collision occurred at an intersection where the traffic lights were green for vehicles. The pedestrian light, however, was flashing red when the appellant commenced to cross the road. The appellant alleged the respondent was negligent in failing to keep a proper lookout. The matter was heard by Ward, Emmett and Gleeson JJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the respondent driver had breached their duty of care to the appellant pedestrian. This involved determining whether the respondent had failed to keep a proper lookout, given the circumstances of the collision, including the state of the traffic lights for both vehicles and pedestrians.

The Court of Appeal found that the respondent driver had not breached their duty of care. The reasoning applied was that the respondent was entitled to proceed through the intersection when the traffic light was green for vehicles. While a driver owes a duty of care to pedestrians, that duty does not extend to anticipating that a pedestrian will disregard a flashing red pedestrian signal and enter the roadway. The appellant's own actions in commencing to cross against a flashing red light were a significant factor in the collision.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.