Lujans v Yarrabee Coal Company Pty Ltd

Torts – Causation - Road accident - Whether road deceptive due to defendants' maintenance - Whether driver error constituted contributory negligence - Whether driver error sole cause of accident.

Courts – Jurisdiction and powers on appeal - Court of Appeal of Supreme Court of New South Wales - Whether rehearing under Supreme Court Act 1970 (NSW), s 75A(5) properly conducted - Whether failure to conduct real review of trial.

Courts – Jurisdiction and powers on appeal - Court of Appeal of Supreme Court of New South Wales - Conduct of rehearing - Whether evidence and trial judge's findings adequately considered - Whether original photographs relied upon - Whether inconsistent evidence taken into account.

Words and phrases – "appeal", "rehearing".

Supreme Court Act 1970 (NSW) – s 75A.