Case Note: Petracho v Griffiths [2007] NSWCA 302 26 October 2007

In Brief

• When alleging contributory negligence, based upon the failure to wear a seatbelt, the onus is on the Defendant to establish that a seatbelt was not worn.
• Where only one party has obtained an expert’s report on an issue, the Court is not obliged to accept that expert’s opinion.
• When giving expert evidence, an expert witness is required to be objective and take into account anomalies in the case which may support a different conclusion.

Background

The NSW Court of Appeal handed down its decision in Petracho v Griffiths on 26 October 2007. The decision concerned an appeal by the Defendant from a decision by Murrell DCJ, refusing to make any reduction for contributory negligence. The Defendant argued at first instance that the Plaintiff contributed to his injuries because he had failed to wear a seatbelt.