Madeleine Louise Sweeney by her next friend Norma Bell v. Thornton

Lower Court Judgment

23/08/2011 Supreme Court of New South Wales (Court of Appeal) (Campbell JA, Sackville AJA and Tobias AJA)

[2011] NSWCA 244

Catchwords

Torts — Negligence — Motor vehicle accident — Duty of care — Applicant learner driver — Content of duty of care owed by voluntary supervisor to learner driver — Applicant suffered personal injury when she crashed a car when navigating a bend — Whether supervisor’s failure to warn driver to reduce speed constituted breach of the duty of care — Whether the Court of Appeal erred as to the content of the respondent's duty of care — Whether the Court of Appeal erred in its findings on causation — Whether the Court of Appeal erred in its limitation of effect of the respondent's admission on the content of the duty of care — Whether the Court of Appeal erred with respect to various factual findings.

Short Particulars