Sharpe v Gordon; QBE Workers Compensation NSW (Ltd) v Gordon

The appeal concerned a collision between a motor vehicle exiting a car park and a postal motor bike travelling on a footpath. The driver of the motor vehicle, Mr Gordon, was exiting a car park and crossing the footpath when his vehicle collided with the motor bike ridden by Mr Sharpe. Mr Sharpe sustained injuries as a result of the collision. The primary dispute was whether either party was negligent. The appeal was heard by the New South Wales Court of Appeal.

The Court of Appeal was required to determine whether the primary judge erred in finding that neither Mr Gordon nor Mr Sharpe were negligent. Specifically, the court considered whether the evidence supported the finding that neither party observed the other until immediately before the collision, and whether this observation, or lack thereof, constituted negligence in the circumstances. The court also considered the application of relevant road transport regulations concerning the use of footpaths.

The Court of Appeal affirmed the decision of the District Court, finding that the primary judge's findings of fact were open to be made on the evidence. The court applied principles of negligence, focusing on the duty of care owed by road users and the standard of care expected in the circumstances. It was held that the primary judge was entitled to conclude, based on the evidence presented, that neither party had breached their duty of care. The court found that the lack of observation by both parties until the point of impact did not, in the specific factual matrix, amount to negligence.

The appeal was dismissed, and Mr Gordon was awarded his costs.