Turkmani v Visvalingam

In *Turkmani v Visvalingam*, the New South Wales Court of Appeal considered an appeal from a judgment of the primary judge concerning a motor vehicle accident. The accident involved the appellant's vehicle striking the respondent pedestrian as the pedestrian crossed an intersection against a "don't walk" signal. The primary judge had found the driver liable and assessed the pedestrian's contributory negligence at sixty per cent.

The Court of Appeal was required to determine two principal legal issues: first, whether the primary judge erred in finding the driver liable in negligence for the accident; and second, whether the primary judge erred in assessing the pedestrian's contributory negligence at sixty per cent.

The Court of Appeal allowed the appeal in part. While not overturning the finding of liability against the driver, the Court reduced the assessment of contributory negligence from sixty per cent to fifty per cent. This adjustment meant that the amounts awarded to the respondents were reduced by one-half, and the judgment was to bear interest from the date of the original order. The respondents were ordered to pay the appellant's costs of the appeal, with a provision for a certificate under the *Suitors' Fund Act 1951* if they met the eligibility criteria.