Wynne v Davey

The case of Wynne v Davey involved a dispute between the plaintiff, Wynne, and two defendants, Davey and another. Wynne, a motorcyclist, collided with the first defendant’s vehicle, which had turned across the southbound lane into the northbound lane, resulting in Wynne suffering personal injuries. Wynne sued for damages, and the defendants denied liability. Wynne asserted that the first defendant’s manoeuvre was negligent and the defendants were liable for his injuries. The defendants countered that Wynne had failed to sufficiently reduce his speed and that his contributory negligence should be considered.

The court had to determine several key legal issues. The first was whether the first defendant’s vehicle was off the road or in the southbound lane when it began the manoeuvre. The second issue was whether the manoeuvre constituted a U-turn or a right-hand turn across the centre of the road. Additionally, the court had to assess whether the manoeuvre was permitted under the relevant road regulations. Another significant issue was whether Wynne was contributorily negligent in failing to reduce his speed and avoid the collision.

The court ruled that the first defendant’s vehicle was in the southbound lane when it began the manoeuvre, and it was a right-hand turn across the centre of the road, which was not permitted under the Transport Operations (Road Use Management—Road Rules) Regulation 2009. The court found that the first defendant was negligent in making the turn without proper regard for the safety of other road users. Regarding contributory negligence, the court concluded that Wynne, despite seeing the right indicator, was not negligent in failing to come to a halt because he reasonably believed the first defendant’s vehicle would give way. The court apportioned liability 85% to the first defendant and 15% to Wynne.

The court ordered judgment in favour of Wynne on the issue of liability, apportioning 85% to Wynne and 15% to him for contributory negligence. The quantum of damages was agreed upon, and the court entered judgment accordingly.