Tweed v Shepherd

The case of Tweed v Shepherd involved the appellant, Tweed, appealing against findings of a commissioner in relation to a motor vehicle collision. The respondent, Shepherd, was found to have not been negligent, whereas the appellant was found to be contributorily negligent. The appeal was heard in the Supreme Court of New South Wales.

The central legal issue was whether the commissioner's findings of fact were open to challenge and, if so, whether the commissioner's conclusion that the respondent was not negligent was correct. Additionally, the court needed to determine if the commissioner's finding of contributory negligence on the part of the appellant was accurate.

The court determined that the commissioner's findings of fact were open to challenge, as there were errors in the assessment of the evidence. The court found that the commissioner had not correctly applied the principles of causation in determining the respondent's liability. The court held that the commissioner's conclusion that the respondent was not negligent was not supported by the evidence, and therefore, the respondent was found to be negligent. However, the court upheld the finding of contributory negligence on the part of the appellant. As a result, the appeal was allowed.