Turney v Galloway

The appellant, Turney, appealed a decision of the Supreme Court of New South Wales concerning a motor vehicle accident. The respondent, Galloway, had been awarded damages for injuries sustained in the accident. The appeal concerned the trial judge's refusal to grant an adjournment to allow the appellant to plead contributory negligence and the assessment of damages.

The primary legal issues before the Court of Appeal were whether the trial judge erred in refusing the adjournment application to plead contributory negligence, and whether the damages awarded to the respondent were correctly calculated.

The Court of Appeal found no error in the trial judge's refusal to grant the adjournment. It was held that the appellant had ample opportunity to raise the issue of contributory negligence during the proceedings and that the application for adjournment was made at a late stage, without sufficient justification. The court also identified and corrected a minor arithmetical error in the calculation of the respondent's damages.

The appeal was dismissed with costs. The amount of the respondent's damages was reduced from $301,606.17 to $299,928.47 to rectify the arithmetical error.