Nominal Defendant v Stephens

The Nominal Defendant appealed to the Court of Appeal of New South Wales against a judgment of the Supreme Court of New South Wales. The plaintiff, Mr. Stephens, had been injured when he was struck by an unidentified truck while he was on a highway. At the time of the accident, Mr. Stephens was intoxicated. The primary judge had found the unidentified driver negligent and awarded damages to the plaintiff.

The appeal raised questions concerning the adequacy of the primary judge's reasons for finding negligence. Specifically, the Nominal Defendant argued that the primary judge had not adequately dealt with the cause of the accident, nor had the judge provided sufficient reasons as to what the negligent driver should have done to avoid the collision. The appellant also contended that there was insufficient evidence to establish that evasive action could have been taken by the driver. Furthermore, the Nominal Defendant challenged the primary judge's apportionment of contributory negligence.

The Court of Appeal considered the primary judge's findings in light of the evidence presented. The Court found that the primary judge had adequately addressed the cause of the accident and had provided sufficient reasoning regarding the expected conduct of the driver. The Court also determined that there was evidence upon which the primary judge could conclude that evasive action was possible. Regarding contributory negligence, the Court found no error in the primary judge's apportionment.

The appeal was dismissed, and the Nominal Defendant was ordered to pay the costs of the appeal.