New South Wales
Court of Appeal
CITATION: BLAXTER v COMMONWEALTH OF AUSTRALIA [2008] NSWCA 87
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 1 April 2008
JUDGMENT DATE:
8 May 2008JUDGMENT OF: Mason P at 1; McColl JA at 2; Basten JA at 3 DECISION: (1) Allow the appeal and set aside order 1 made by the trial judge and entered on 20 March 2007.
(2) In lieu thereof give judgment for the plaintiff, Lawrence Gary Blaxter, in an amount of $942,163.
(3) Dismiss the cross-appeal.
(4) Order the respondent to pay the appellant’s costs of the appeal and cross-appeal.
(5) Grant liberty to each party to file a note within 7 days as to any correction required to the calculations of the amount of the judgment.CATCHWORDS: DAMAGES – Melbourne/Voyager collision – psychiatric injury – alcohol abuse – whether economic loss a result of collision or voluntary conduct by appellant – intervening act - DAMAGES – predicting future events absent effects of tortious conduct – recovery for loss of a chance of promotion - REASONS – judgment delivered without making orders – further reasons – no breach of obligation to give reasons at time - TORT – continuation of event – conduct of officer of defendant on morning after accident – whether part of tortious conduct LEGISLATION CITED: Uniform Civil Procedure Rules 2005 (NSW), r 36.2 CATEGORY: Principal judgment CASES CITED: Chapman v Hearse (1961) 106 CLR 112
Commonwealth v McLean (1996) 41 NSWLR 389
Commonwealth v Ryan [2002] NSWCA 372
Fleming v The Queen [1998] HCA 68; 197 CLR 250
Hirst v Nominal Defendant [2005] QCA 65; [2005] 2 QdR 133
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Palmer v Clarke (1989) 19 NSWLR 158
Reynolds v Katoomba RSL All Services Club Ltd [2001] NSWCA 234; 53 NSWLR 43
Todorovic v Moussa [2001] NSWCA 419; 53 NSWLR 463PARTIES: Gary Lawrence Blaxter (Appellant)
Commonwealth of Australia (Respondent)FILE NUMBER(S): CA 40199/07 COUNSEL: A G Melick SC/ K Sant (Appellant)
R E Williams QC/I McLachlan (Respondent)SOLICITORS: James Taylor & Co (Appellant)
Australian Government Solicitor (Respondent)LOWER COURT JURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S): SC 20777/97 LOWER COURT JUDICIAL OFFICER: Hidden J LOWER COURT DATE OF DECISION: 20 September 2005; 18 August 2006; 16 February 2007 LOWER COURT MEDIUM NEUTRAL CITATION: Blaxter v The Commonwealth [2005] NSWSC 941; [2006] NSWSC 744; [2007] NSWSC 88
CA 40199/07
SC 20777/978 May 2008MASON P
McCOLL JA
BASTEN JA
Headnote
The appellant, Mr Lawrence Gary Blaxter, was a seaman aboard HMAS Melbourne on the night of its collision with HMAS Voyager on 10 February 1964. The Commonwealth admitted negligence; the proceedings in the Common Law Division concerned the quantum of damages for which it was liable. Hidden J accepted that the appellant suffered a psychological injury as a result of the collision, but…
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- Case
- [2008] NSWCA 87
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine several key legal issues. These included whether the appellant's economic loss was a consequence of the collision or an intervening voluntary act of alcohol abuse, and whether such abuse constituted an independent cause of the loss. The court also had to consider the principles governing the recovery of damages for a loss of a chance of promotion and how to predict future economic events in the absence of the tortious conduct. Furthermore, the court examined whether the conduct of a naval officer on the morning after the accident was part of the tortious conduct giving rise to the claim.
The Court of Appeal allowed the appeal, setting aside the trial judge's original order. The court found that the appellant was entitled to judgment in the amount of $942,163. In reaching this decision, the court applied principles relating to causation, particularly the assessment of intervening acts and the extent to which a tortfeasor is responsible for the consequences of their actions, even where the injured party's own conduct contributes to the loss. The court also addressed the method for calculating damages for the loss of future economic opportunities. The cross-appeal was dismissed, and the respondent was ordered to pay the appellant's costs of the appeal and cross-appeal.
Orders
Orders of the court
(1) Allow the appeal and set aside order 1 made by the trial judge and entered on 20 March 2007. (2) In lieu thereof give judgment for the plaintiff, Lawrence Gary Blaxter, in an amount of $942,163. (3) Dismiss the cross-appeal. (4) Order the respondent to pay the appellant's costs of the appeal and cross-appeal. (5) Grant liberty to each party to file a note within 7 days as to any correction required to the calculations of the amount of the judgment. (per Basten JA, with Mason P and McColl JA agreeing)
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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