Smith & Anor v Ross

The applicants, Ray Smith and Ray Smith Tractors, sought special leave to appeal to the High Court of Australia from a decision concerning negligence. The application was made out of time, and the applicants sought an extension of time to file their application for special leave.

The central legal issue before the High Court was whether the factual circumstances of the case presented a question of principle regarding negligence that warranted the Court's intervention. Specifically, the applicants contended that the lower court's finding of negligence against their client, the defendant driver, was not supported by the evidence and indicated a potential misapprehension of the principles governing a driver's right to assume another vehicle will yield.

The applicants argued that their client, driving a truck at a reduced speed on a roadway where he had the right of way, was found negligent when the respondent, despite a give way sign and failing to keep a proper lookout, proceeded into the intersection and was involved in an accident. The applicants submitted that the defendant's actions, including slowing down, were indicative of careful driving and that the respondent's assumption that the defendant would stop was an unreasonable one. They argued that if their submission was correct, the principles of negligence in such situations were either being ignored or were not clearly stated, necessitating guidance from the High Court for those dealing with similar cases.

The Court considered the application for special leave to appeal.