Pan v Blundell

The parties to this matter were Pan and Blundell. The dispute concerned an appeal against a finding of contributory negligence. The appeal was heard by Meagher, Powell and Fitzgerald JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in finding that the plaintiff, Pan, was contributorily negligent to the extent of seventy per cent.

The Court of Appeal found no error in the trial judge's assessment of contributory negligence. The judges were satisfied that the evidence supported the finding that Pan bore a significant responsibility for the circumstances that led to the loss. The legal principle applied was that an appellate court will only interfere with a finding of fact, such as the apportionment of contributory negligence, if there is a demonstrable error in law or fact. In this instance, no such error was identified.

Leave to appeal was refused, and the appellant, Pan, was ordered to pay the costs of the appeal.