Smith v McFarland

In Smith v McFarland, the appellant, Mr Smith, appealed to the Court of Appeal of New South Wales against a decision of the primary judge who had found that there was insufficient evidence to establish negligence on the part of the respondent, Mr McFarland, following a motor vehicle accident involving Mr Smith's bicycle.

The central legal issue before the Court of Appeal was whether the primary judge had erred in concluding that the evidence presented did not support a finding of negligence against Mr McFarland. This involved a review of the evidence adduced at trial concerning the circumstances of the collision.

The Court of Appeal, comprising McColl, Meagher and Ward JJA, dismissed the appeal. Their Honours found no error in the primary judge's assessment of the evidence, concluding that it did not establish that Mr McFarland had breached any duty of care owed to Mr Smith. The appeal was therefore dismissed with costs.