Thornton v Sweeney

In *Thornton v Sweeney*, the Court of Appeal of New South Wales considered an appeal from a decision of the primary judge concerning a motor vehicle accident. The dispute arose from a collision involving a learner driver and her voluntary supervisor. The core of the disagreement centred on whether the supervisor had breached their duty of care to the learner driver.

The legal issues before the Court of Appeal included whether the primary judge had made a correct finding regarding the speed of the vehicle as it entered a bend, the location of the initial slip of the vehicle, and the scope of the duty of care owed by a supervisor to a learner driver. Specifically, the court had to determine if the supervisor's failure to warn the learner driver to reduce speed constituted a breach of that duty, and whether the primary judge erred in finding a breach or in not finding that the vehicle was travelling at a speed significantly greater than 70 kph when entering the bend.

The Court of Appeal allowed the appeal, setting aside the orders made by the primary judge. The court reasoned that the primary judge had erred in their findings. The appeal court concluded that the supervisor did not breach their duty of care to the learner driver. Consequently, a verdict was entered for the defendant, and the plaintiff was ordered to pay the defendant's costs of the proceedings. The respondent was ordered to pay the appellant's costs of the appeal, with a certificate granted under the *Suitors' Fund Act 1951*.