Mobbs v Kain

The case of *Mobbs v Kain* concerned a motor vehicle accident where a child pedestrian was struck by a motor vehicle travelling in front of a school bus. The driver of the motor vehicle was proceeding at the statutory speed limit at the time of the collision. The appeal was heard by Giles, McColl, and Macfarlan JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the driver of the motor vehicle was negligent, and if so, whether the speed at which the vehicle was travelling was a necessary condition of the occurrence of the harm suffered by the child, pursuant to section 5D of the *Civil Liability Act 2002* (NSW). The court also considered the question of contributory negligence on appeal.

The Court of Appeal allowed the appeal, setting aside the previous orders made by Harrison J. The court found that the driver was not negligent and that the speed of the vehicle was not a necessary condition for the accident to occur. Consequently, judgment was entered in favour of the appellants, and the respondent was ordered to pay the costs of the appeal and the appellants’ costs of the hearing at first instance.