Alexander v Manley

Case [2004] WASCA 140


ALEXANDER -v- MANLEY [2004] WASCA 140



(2004) 29 WAR 194
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 140
THE FULL COURT (WA)
Case No:FUL:80/200321 APRIL 2004
Coram:STEYTLER J
EM HEENAN J
LE MIERE J
30/06/04
26Judgment Part:1 of 1
Result: Appeal allowed
Judgment entered for appellant
Damages to be apportioned for contributory negligence
A
PDF Version
Parties:IAIN STEWART ALEXANDER
WAYNE EDWARD MANLEY

Catchwords:

Appeal
Personal injury
Negligence
Duty of care
Contributory negligence
Apportionment of damages
Rules of evidence
Cross-examination
The Evidence Act, s 22
Whether a party requiring cross­examining counsel to tender a document must make the request during cross­examination
Application to be made promptly

Legislation:

Evidence Act, s 22

Case References:

Gregory v Tavernor (1833) 6 Car & P 280; 172 ER 1241
Hatziparadissis v GFC (Manufacturing) Pty Ltd [1978] VR 181. ,
Holland v Reeves (1835) 7 Car & P 36; 173 ER 16
March v E & M H Stramare Pty Ltd (1991) 171 CLR 506
McGregor v The Queen [1984] 1 Qd R 256. ,
Palmer v Maclear & M'Grath (1858) 1 Sw & Tr 149; 164 ER 670
R v Anderson (1929) 21 CrAppR 178
R v Foggo; Ex parte Attorney-General [1989] 2 Qd R 49
R v Trotter (1982) 7 A Crim R 8. ,
R v Weatherstone (1968) 12 FLR 14
Senat v Senat [1965] P 172. ,
Stroud v Stroud [1963] 1 WLR 1080
Teubner v Humble (1963) 108 CLR 491
Trade Practices Commission v TNT Management Pty Ltd (1984) 56 ALR 647
Walker v Walker (1937) 57 CLR 630. ,
Wharam v Routledge (1805) 5 Esp 235; 170 ER 797
Wood v Desmond (1958) 78 WN (NSW) 65

Bayntun v Carlson [2000] WASCA 179; (2000) 31 MVR 331
Chappel v Hart (1998) 195 CLR 232
Cook v Cook (1986) 162 CLR 376
J Boag & Son Brewing Ltd v Bridon Investments Pty Ltd [2001] TASSC 16
Mazinski v Bakka (1979) 20 SASR 350
McLean v Tedman (1984) 155 CLR 306
Morrison-Knudsen Co Inc et al v British Columbia Hydro & Power Authority (1973) 31 DLR (3d) 633
Pennington v Norris (1956) 96 CLR 10
Queen's Case, Re (The Queen's case) (1820) 2 Brod & Bing 284; (1820) 129 ER 976
R v Harrison [1966] VR 72
Wallace Harold Virgo (1978) 67 Cr App R 323
Van Den Heuvel v Tucker [2003] SASC 110

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : ALEXANDER -v- MANLEY [2004] WASCA 140 CORAM : STEYTLER J
    EM HEENAN J
    LE MIERE J
HEARD : 21 APRIL 2004 DELIVERED : 30 JUNE 2004 FILE NO/S : FUL 80 of 2003 BETWEEN : IAIN STEWART ALEXANDER
    Appellant

    AND

    WAYNE EDWARD MANLEY
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : O'SULLIVAN DCJ

Citation Number : [2003] WADC 109

File Number : CIV 17 of 2001

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Alexander v Manley [2004] WASCA 140
Case
[2004] WASCA 140
Decision Date

CaseChat Overview and Summary

In Alexander v Manley, the plaintiff, Alexander, sought compensation from the defendant, Manley, for personal injuries sustained in a motor vehicle accident. The dispute centred on whether Manley was negligent in causing the accident and the extent of Alexander’s contributory negligence. The case was initially heard in the County Court of Victoria and subsequently appealed to the Supreme Court of Victoria.

The primary legal issues before the court involved establishing whether Manley owed a duty of care to Alexander, the extent of this duty, and if Manley breached it, leading to the accident. Additionally, the court had to determine the degree of contributory negligence attributable to Alexander, and how damages should be apportioned accordingly. Another significant issue was whether the trial judge correctly applied the rules of evidence, particularly regarding the timing of a request for a document to be tendered during cross-examination.

The Supreme Court found that the County Court judge had erred in applying the rules of evidence. Specifically, the Court held that if a party required cross-examining counsel to tender a document, the request must be made during cross-examination and promptly. The Court noted that Alexander had not made a timely request for the document during the cross-examination, which led to an incorrect application of the Evidence Act. Consequently, the Court held that the County Court's judgment should be set aside, and the case remitted for re-trial. In light of these findings, the Court also found that the trial judge had correctly assessed the contributory negligence of Alexander and ordered that damages be apportioned accordingly.

The appeal was allowed, and judgment was entered in favour of Alexander. The case was remitted to the County Court for re-trial with instructions on the correct application of the Evidence Act. The Court also directed that damages be apportioned for Alexander’s contributory negligence.

Orders

Orders of the court

Appeal allowed

Judgment entered for appellant

Damages to be apportioned for contributory negligence

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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