In NSW, a finding of negligence or absence of contributory negligence in Local Court property damage proceedings arising from a motor vehicle collision creates an issue estoppel binding in subsequent Supreme Court personal injury proceedings between the same parties. There is a single duty of care in highway cases owed to a person in respect of both property and bodily safety, so the issue of breach is the same in both proceedings. The Victorian Court of Appeal's contrary view in Linsley v Petrie [1998] 1 VR 427 is not followed in NSW. Whether the Arnold v National Westminster Bank special circumstances exception to issue estoppel applies in Australia remains an open question.
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