The obligation to 'give way' under s 87(1) of the Transport Operations (Road Use Management - Road Rules) Regulation 2009 (Qld) is not breached merely because another vehicle is obliged to brake to avoid a collision; whether it was safe to proceed must be assessed by reference to all relevant circumstances including the nature and extent of braking required and whether the entering driver created an unsafe situation. The test for leave to appeal under s 118(3) of the District Court of Queensland Act 1967 (Qld) requires both a reasonable argument of error and substantial injustice (conjunctive, not disjunctive).
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