Warren v Coombs and Another

[1979] HCA 9
(1979) 142 CLR 531
(1979) 53 ALJR 293
(1979) 23 ALR 405

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(Judgment by: Stephen J)

Warren
vCoombs and Another

Court:

Judges: Gibbs ACJ

Stephen JJacobs J
Murphy J
Aickin J

Legislative References:
Supreme Court Act 1970 (NSW) - s 75A(5)
Law Reform (Miscellaneous Provisions) Act 1965 - The Act
Supreme Court Act 1970 - The Act

Case References:
Benmax v. Austin Motor Co Ltd - [1955] AC 370; [1955] 1 All ER 326
Cashman v. Kinnear - [1973] 2 NSWLR 495
Chemical Industries of Australia and New Zealand Ltd v. Murphy - (1973) 47 ALJR 122
Committee of Direction of Fruit Marketing and Schroder v. Spence - [1954] St R Qd 295
Da Costa v. Cockburn Salvage and Trading Pty Ltd - (1970) 124 CLR 192
Edwards v. Noble - (1971) 125 CLR 296; [1972] ALR 385
Flannery v. Cohuna Sewerage Authority - (1977) 51 ALJR 135
Jones v. Capaldi - (1956) 98 CLR 615
Mann v. Mann - (1957) 97 CLR 433
Mersey Docks and Harbour Board v. Procter - [1923] AC 253; 39 TLR 275
Montgomerie & Co Ltd v. Wallace-Jones - [1904] AC 73
O'Neill v. Chisholm - (1972) 47 ALJR 1
Paterson v. Paterson - (1953) 89 CLR 212
Piro v. W Foster & Co Ltd - (1943) 68 CLR 313
Powell v. Streatham Manor Nursing Home - [1935] AC 243
Qualcast (Wolverhampton) Ltd v. Haynes - [1959] AC 743; [1959] 2 All ER 38
SS Hontestroom v. SS Sagaporack - [1927] AC 37
Voulis v. Kozary - (1975) 7 ALR 126
Ward v. James - [1966] 1 QB 273; [1965] 1 All ER 563
Webb v. Bloch - (1928) 41 CLR 331
Whitely, Muir & Zwanenberg Ltd v. Kerr - (1966) 39 ALJR 505

Hearing date: 17 April 1978
Judgment date: 13 March 1979

Sydney

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Judgment by:
Stephen J

I have had the advantage of reading the reasons for judgment of Aickin J and share the views expressed by him in his analysis of the findings of the trial judge and in his observations concerning the position of the respondent's car on the roadway as it approached the point of collision. I agree both with the reasoning of the learned trial judge and with his conclusion that the respondent was not negligent. In these circumstances I need do no more than state that I would dismiss this appeal.