ARTICLE · 17 MARCH 2013

High Court Refuses Leave in Blameless Pedestrian Dart Out

Curwoods Lawyers

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Any person who suffers injury in a motor vehicle accident through non-tortious negligence may be entitled to damages.

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Marco Nesbeth

High Court Special Leave Application – Ingram v Axiak

Judgment date:	15 March 2013
Jurisdiction:	High Court of Australia¹

In Brief

No fault scheme for all pedestrians injured in a motor vehicle accident in New South Wales.
The extent to which a pedestrian will be entitled to recover modified common law damages in a blameless motor accident will involve an evaluative judgement of the pedestrian's contributory negligence.

Background

The circumstances of Axiak are well known and have been the subject of Curwoods Case Notes both following the decisions at first instance and the Court of Appeal.

In brief, on 27 June 2008, the first respondent, then aged 14 years, suffered a traumatic brain injury as a result of a motor vehicle accident when, as a pedestrian, she crossed Sackville Road, Ebenezer after disembarking from a school bus.

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