Perri v Flavell [No 2]

In *Perri v Flavell [No 2]*, the New South Wales Court of Appeal considered an appeal by the plaintiff, Mr. Perri, against a decision of the primary judge concerning the apportionment of damages in a motor vehicle accident claim. The defendants were Mr. Flavell and the Nominal Defendant. The dispute centred on whether the plaintiff's damages should be reduced due to his contributory negligence.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in finding that the plaintiff was contributorily negligent and, if so, in what proportion his damages should be reduced. This involved a re-examination of the evidence presented at trial regarding the circumstances of the accident and the plaintiff's conduct immediately prior to it.

The Court of Appeal upheld the primary judge's finding of contributory negligence. It reasoned that the plaintiff, by failing to keep a proper lookout and by driving at a speed that was excessive in the circumstances, had contributed to the collision. The court applied the principles of contributory negligence as established in common law, emphasizing that a plaintiff's failure to take reasonable care for their own safety can lead to a reduction in the damages recoverable, proportionate to the degree of fault. The court found no reason to interfere with the primary judge's apportionment of 20% contributory negligence.

The Court of Appeal dismissed the plaintiff's appeal and affirmed the primary judge's orders.