Scott v Williamson; Picken v Williamson

This case concerned appeals by Rebecca Scott and James Picken against Michael John Williamson and Stephen Pastega following a road accident. The primary dispute involved allegations of negligence against Mr Williamson, the driver of a vehicle, and potentially Mr Pastega, whose vehicle was parked in an emergency lane. The appeals were heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether Mr Williamson was negligent in his driving, specifically concerning his failure to keep a proper lookout. It also had to consider whether Mr Pastega, by parking his vehicle in the emergency lane, had created a dangerous situation, and whether either party owed a duty to warn of any obvious risk. Furthermore, the court needed to assess the extent of any contributory negligence on the part of the appellants, Ms Scott and Mr Picken, for their own safety when crossing the roadway.

The Court of Appeal found that Mr Williamson was negligent and that his negligence caused the accident. However, it also found that both Ms Scott and Mr Picken were contributorily negligent. The court applied the principles of negligence and contributory negligence, noting that there was no duty to warn of an obvious risk under the *Civil Liability Act 2002*. The court set aside the verdict in favour of Mr Williamson and ordered that judgment be entered for the appellants against him.

The appeals were allowed in part, with the court dismissing the appeals against Mr Pastega. The matter was remitted to the District Court for the determination of damages for both Ms Scott and Mr Picken. The court ordered that the damages awarded to Ms Scott be reduced by 30 per cent and to Mr Picken by 65 per cent due to their respective contributory negligence. Costs orders were made in favour of the appellants against Mr Williamson, and specific cost allocations were made between the parties concerning the appeal and the court below.