Rajski v Bainton

In the matter of *Leszek Rajski v RJ Bainton*, heard in the New South Wales Court of Appeal on 12 November 1991, the dispute concerned the plaintiff's claim for damages arising from a motor vehicle accident. The plaintiff alleged that the defendant's negligent driving caused the collision and subsequent injuries.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in finding that the defendant was not liable for the plaintiff's injuries. This involved a review of the evidence presented at trial concerning the circumstances of the accident and the defendant's conduct.

The Court of Appeal considered the principles of negligence, particularly the duty of care owed by drivers to other road users and the standard of care expected. It examined whether the trial judge had correctly applied these principles to the facts as found. The Court ultimately found that the trial judge's conclusion that the defendant was not negligent was not supported by the evidence. The Court determined that the defendant had breached his duty of care to the plaintiff.

Consequently, the Court of Appeal allowed the plaintiff's appeal, set aside the judgment of the trial court, and remitted the matter back to the trial court for an assessment of damages.