Treweeke v Wyong Shire Council

Treweeke v Wyong Shire Council concerned an appeal to the New South Wales Court of Appeal following a motor vehicle accident. The appellant, Mr Treweeke, alleged negligence against the respondent, Wyong Shire Council, in relation to the maintenance of the road surface and the provision of warning signs.

The primary legal issues before the Court of Appeal were whether the trial judge erred in finding that there was no misfeasance on the part of the Council in relation to the repair of the road surface, and whether the trial judge was entitled to make a finding of excessive speed by the appellant as a result of the conduct of the trial, notwithstanding the rule in *Browne v Dunn*. Additionally, the court considered whether the Council was negligent in failing to erect appropriate warning signs.

The Court of Appeal dismissed the appeal, finding that the trial judge had not overlooked documentary evidence in concluding there was no misfeasance in the road repairs. Furthermore, the court held that the trial judge was entitled to infer excessive speed from the evidence presented during the trial, even though the appellant had not been specifically cross-examined on that point in accordance with the rule in *Browne v Dunn*. The court found no error in the trial judge's assessment of the evidence regarding the road conditions and the absence of negligence in the signage.

The appeal was dismissed with costs awarded to all respondents.