Tatli v Christiansen

In *Tatli v Christiansen* [1988] NSWCA 154, the New South Wales Court of Appeal considered a dispute arising from a motor vehicle accident. The appellant, Mr Tatli, was the driver of one vehicle, and the respondent, Mr Christiansen, was the driver of the other. The core of the disagreement concerned the apportionment of liability for the collision.

The Court of Appeal was required to determine whether the trial judge had erred in finding the appellant solely liable for the accident. Specifically, the appeal focused on whether the respondent had contributed to the collision through his own negligence, and if so, what proportion of the blame should be attributed to him.

The Court analysed the evidence presented at trial, including the testimony of the drivers and any other witnesses, as well as any expert reports. It applied the principles of contributory negligence, considering whether the respondent had failed to take reasonable care for his own safety and whether such failure had contributed to the damage he suffered. The Court ultimately found that the trial judge had made an error in his assessment of the evidence and the application of the law regarding contributory negligence.

The Court of Appeal allowed the appeal, setting aside the trial judge's order and remitting the matter back for a new trial on the issue of apportionment of liability.