Yebdoo v Holmewood [2021] NSWCA 119 (03 June 2021) (Macfarlan JA at [1]; Gleeson JA at [85]; Leeming JA at [86])


Catchwords:


NEGLIGENCE – breach of duty – motor vehicle accident – failure to keep a proper lookout and slow vehicle

NEGLIGENCE – causation – factual causation – motor vehicle accident – whether expert opinion was necessary to establish causation – whether evidence of time and distance was too imprecise to support a finding of causation

EVIDENCE – witness evidence – cross-examination – procedural fairness – Browne v Dunn – substance of the case allegedly not put to respondent in cross-examination – whether prior notice had nevertheless been given to respondent of cross-examining party’s case