Gunning v Fellows (by his tutor Lesley Fellows)

The New South Wales Court of Appeal heard an appeal concerning a dispute between Gunning and Fellows, who was represented by his tutor, Lesley Fellows. The underlying matter involved a claim for damages arising from a motor vehicle accident.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that the respondent (Fellows) was contributorily negligent and, if so, to what extent this contributory negligence should reduce the damages awarded to the appellant (Gunning). The court was also required to consider the appropriate assessment of damages for the injuries sustained by Gunning.

The Court of Appeal, in its reasoning, reviewed the evidence presented at trial regarding the circumstances of the accident and the conduct of both parties. It applied established principles of negligence and contributory negligence, considering the duty of care owed by each party and whether that duty had been breached. The court ultimately determined that the trial judge's finding of contributory negligence was not supported by the evidence and that the apportionment of damages was therefore incorrect. The court found that Gunning had not been contributorily negligent.

Consequently, the Court of Appeal allowed the appeal, set aside the trial judge's apportionment of damages, and ordered that the appellant be awarded the full amount of damages assessed by the trial judge, with costs.