Kendirjian v Lepore & Anor

The case of *Kendirjian v Lepore & Anor* concerned an appeal to the High Court of Australia from a decision of the New South Wales Court of Appeal. The dispute arose from a motor vehicle accident in which the appellant, Mr. Kendirjian, suffered injuries. He brought proceedings against the respondents, Mr. Lepore and his insurer, alleging negligence. The primary issue before the High Court was whether the appellant had established a breach of duty of care on the part of Mr. Lepore.

The High Court was required to determine whether the evidence presented was sufficient to establish that Mr. Lepore had breached his duty of care to Mr. Kendirjian. Specifically, the court considered whether Mr. Lepore's driving conduct fell below the standard of care expected of a reasonable driver in the circumstances, thereby causing the accident and Mr. Kendirjian's injuries.

In their joint judgment, Bell and Gageler JJ found that the evidence did not establish a breach of duty. They reasoned that the appellant had failed to prove, on the balance of probabilities, that Mr. Lepore's actions were causative of the collision. The court applied the principles of negligence, emphasizing the need for the plaintiff to prove both a breach of duty and that the breach caused the damage suffered. Without sufficient evidence to establish causation, the claim for negligence could not succeed.

The High Court allowed the appeal, set aside the orders of the New South Wales Court of Appeal, and ordered that the appellant's claim be dismissed.