Bobanovic v Incandela

Case [2015] ACTCA 63


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title:

Bobanovic v Incandela

Citation:

[2015] ACTCA 63

Hearing Date(s):

12 February 2015

DecisionDate:

18 December 2015

Before:

Murrell CJ, Burns and Katzmann JJ

Decision:

The appeal is dismissed with costs.

The cross-appeal is dismissed with costs.

Category:

Principal Judgment

Catchwords:

APPEAL – Appeal Against Liability – whether the primary judge erred in finding a fortuitous accident occurred as alleged – whether the primary judge failed to take into account the plaintiff’s credit – whether the primary judge failed to consider circumstances surrounding the plaintiff’s report of the accident to police – whether the primary judge failed to take into account the plaintiff’s criminal history – whether there was sufficient evidence to establish a causal link between the collision and the plaintiff’s injuries

APPEAL – Cross-appeal Against Damages – whether the sums awarded for general damages, future economic loss and future earning capacity were inadequate

TORTS – Negligence – road accident cases

DAMAGES – Measure and Remoteness of Damages in Actions for Tort

Cases Cited:

Australian Capital Territory v Crowley (2012) 273 FLR 370

Calder v Boyne Smelters Ltd [1991] 1 Qd R 325
Calderbankv Calderbank [1975] 3 All ER 333
Fox v Percy (2003) 214 CLR 118
Ghazal v Government Insurance Office of New South Wales (1992) 29 NSWLR 336
Kuhl v Zürich Financial Services Australia Ltd (2011) 243 CLR 361
Nominal Defendant v Hekeik, Yousseff, Younan [1999] NSWCA 376
Peter Incandela v Bozo Bobanovic [2013] ACTSC 213
Wilson v Peisley (1975) 7 ALR 571

Zoneff v The Queen (2000) 200 CLR 234

Parties:

Bozo Bobanovic (Appellant)

Peter Incandela (Respondent)

Representation:

Counsel

Mr G Watson SC with Ms V Heath (Appellant)

Mr D Campbell SC with Mr I Bradfield (Respondent)

Solicitors

Moray & Agnew (Appellant)

Porters Lawyers (Respondent)

File Number(s):

ACTCA 83 of 2013

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Higgins CJ

Date of Decision:         21 October 2013

Case Title:  Incandela v Bobanovic

Citation: [2013] ACTSC 213

Court File Number(s):   SC 362 of 2007

MURRELL CJ AND BURNS J:

Procedural history

  1. In the proceedings below, Peter Incandela, who for convenience we will refer to as the plaintiff, claimed damages for personal injury arising out of a motor vehicle collision said to have occurred at about 2 pm on 2 March 2006.  The defendant was the registered owner of the other vehicle said to have been involved in the collision, although that vehicle was said to have been stolen, and was being driven at the time of the collision, by an unknown person.

  1. The plaintiff asserted that he was driving a Daihatsu Terios motor vehicle in a southerly direction on the Barton Highway near Hall in the ACT. He turned right at the intersection with Wallaroo Road. As he was turning, another vehicle, being a Ford Falcon registered in the name of the defendant, was travelling in a northerly direction on the Barton Highway and turning left into Wallaroo Road. The defendant’s Ford Falcon vehicle…

Continue reading Bobanovic v Incandela

Sign in free to access the full text

Details
AGLC
Bobanovic v Incandela [2015] ACTCA 63
Case
[2015] ACTCA 63
Decision Date

CaseChat Overview and Summary

The appeal concerned a dispute arising from a road accident, brought before the Court of Appeal of New South Wales. The appellant, Mr. Bobanovic, appealed against a finding of liability made by the primary judge, while the respondent, Mr. Incandela, cross-appealed against the quantum of damages awarded.

The central legal issues before the Court of Appeal were whether the primary judge had erred in finding that a fortuitous accident occurred as alleged by the plaintiff, and whether the primary judge had failed to adequately consider the plaintiff's credit, the circumstances surrounding the plaintiff's report of the accident to the police, and the plaintiff's criminal history. Furthermore, the court was asked to determine if there was sufficient evidence to establish a causal link between the collision and the plaintiff's injuries. In relation to the cross-appeal, the issues revolved around whether the sums awarded for general damages, future economic loss, and future earning capacity were inadequate.

The Court of Appeal dismissed the appeal and the cross-appeal. The reasoning of the court, while not detailed in the provided text, would have involved a review of the evidence presented at trial and the application of established principles of negligence and damages in tort law. The dismissal of the appeal suggests the court found no error in the primary judge's findings regarding liability and causation, and that the plaintiff's credit and other factors were properly considered. Similarly, the dismissal of the cross-appeal indicates the court found no error in the quantum of damages awarded.

Consequently, the appeal was dismissed with costs, and the cross-appeal was also dismissed with costs.

Orders

Orders of the court

The appeal is dismissed with costs.

The cross-appeal is dismissed with costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.