Little v Mackellar

In *Little v Mackellar*, the New South Wales Court of Appeal considered a dispute arising from a motor vehicle accident that occurred at night. The collision involved a car driven by the respondent and a cyclist, the appellant. The core of the disagreement concerned the circumstances of the collision and the respective responsibilities of the driver and the cyclist.

The Court was required to determine several key legal issues, primarily concerning negligence. These included whether the driver had maintained a proper lookout, whether the speed at which the car was travelling was excessive in the circumstances, and whether the driver ought to have seen the cyclist. Conversely, the Court also considered whether the cyclist had maintained a proper lookout and whether the bicycle was equipped with adequate reflectors, which would have been relevant to the driver's ability to perceive the cyclist.

The Court's reasoning focused on the evidence presented regarding the visibility of the cyclist and the conditions at the time of the accident. It appears the Court found that the driver had not been negligent, likely concluding that the circumstances did not establish a breach of the duty of care owed by the driver to the cyclist. The decision suggests that the onus was on the appellant to demonstrate negligence on the part of the respondent, and this burden was not met.

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