Makhras v Sleiman

In *Makhras v Sleiman* [1989] NSWCA 135, the New South Wales Court of Appeal considered a dispute between the appellant, Makhras, and the respondent, Sleiman. The case concerned an appeal against a judgment of the District Court, which had found in favour of the respondent. The underlying dispute involved a claim for damages arising from a motor vehicle accident.

The primary legal issue before the Court of Appeal was whether the District Court judge had erred in finding that the appellant was solely responsible for the collision. This involved a determination of the respective duties of care owed by each driver and whether either party had breached those duties in a manner that caused or contributed to the accident. The court was required to assess the evidence presented at trial concerning the circumstances of the collision and apply the relevant principles of negligence.

The Court of Appeal reviewed the evidence and the findings of the District Court judge. It was held that the District Court judge had correctly applied the principles of negligence in assessing the conduct of both drivers. The court found no error in the judge's conclusion that the appellant's actions were the sole cause of the accident, and therefore, the appeal was dismissed.