Reeves v Reeves

Case

[2002] NSWCA 181

19 June 2002


Details
AGLC Case Decision Date
Reeves v Reeves [2002] NSWCA 181 [2002] NSWCA 181 19 June 2002

CaseChat Overview and Summary

The appeal in *Reeves v Reeves* concerned an interlocutory judgment that had been made in favour of the respondent. The central issue before the Court of Appeal was whether the appellant had been contributorily negligent.

The Court of Appeal was required to determine whether the primary judge had erred in finding that the appellant was not contributorily negligent. This involved a review of the evidence and the application of the relevant legal principles governing contributory negligence.

The Court of Appeal allowed the appeal, finding that the primary judge had made an error in their assessment of contributory negligence. The Court reasoned that the evidence presented demonstrated a degree of negligence on the part of the appellant that should have been taken into account. Consequently, the matter was remitted to the District Court for a determination in accordance with the Court of Appeal's reasons. The appellant was ordered to pay the costs of the appeal.
Details

Areas of Law

  • Civil Procedure

  • Negligence & Tort

Legal Concepts

  • Appeal

  • Costs

  • Negligence

  • Remedies

Actions
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Cases Citing This Decision

6

Eades v Gunestepe [2012] NSWCA 204
Sinclair v Darwich [2010] NSWCA 195
Baker v Salagiannis [2009] NSWCA 385
Cases Cited

1

Statutory Material Cited

1

Astley v AusTrust Ltd [1999] HCA 6
Astley v AusTrust Ltd [1999] HCA 6
Astley v AusTrust Ltd [1999] HCA 6