Marlow v Walsh

[2008] TASSC 58

Supreme Court of Tasmania

Built by Barristers,
For Australian Law.

1. Torts
2. › Negligence
3. › Contributory negligence
4. › Particular cases
5. › Road accident cases
6. › Appellant riding unrestrained on unformed seat in back of open top vehicle - Whether contributorily negligent
7. › Whether appellant's conduct in deciding to ride in the vehicle contributorily negligent in any event.
1. Guidera v Government Insurance Office (NSW) (1990) 11 MVR 423; Government Insurance Office (NSW) v Everson (1987) 6 MVR 15; Fitzgerald v Dansey [2001] NSWCA 339; (2001) 35 MVR 86; Hunter v Shelly [2005] QSC 289; (2005) 44 MVR 451, applied.
1. Aust Dig Torts [65]
1. Appeal and New Trial
2. › Interference with trial judge's findings of fact
3. › Function of appellate court
4. › Where findings based on credibility of witness
5. › Necessity for findings to be clearly wrong
6. › Findings as to credit
7. › Reliance by trial judge on appellant's manner of giving evidence and surveillance videotapes
8. › Correct approach.

Citation[2008] TASSC 58

CourtTASSC

JurisdictionTasmania

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