Broadhurst v Del Pino

Case [2005] WASCA 82


BROADHURST -v- DEL PINO [2005] WASCA 82



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASCA 82
THE FULL COURT (WA)
Case No:FUL:184/200311 NOVEMBER 2004
Coram:MALCOLM CJ
MCLURE J
SIMMONDS J
5/05/05
48Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:ANDREW FREDERICK BROADHURST
ANDRES JONATHON DEL PINO

Catchwords:

Negligence
Motor vehicle accident
Liability admitted
Causation
Whether injury was accident related
Assessment of damages
Whether a reduced capacity for manual work
Past economic loss
Future economic loss
Adequacy of reasons
Failure to resolve conflicts of evidence
Error of law
Whether appeal court can resolve matter

Legislation:

Nil

Case References:

Baum v Greenhalgh [2003] WASCA 62
Bennett v Minister for Community Welfare (1992) 176 CLR 408
Jones v Dunkel (1959) 101 CLR 298
Mount Lawley Pty Ltd v Western Australian Planning Commission [2004] WASCA 149
Tran v Claydon [2003] WASCA 318
Westrac Equipment Pty Ltd v King [2004] WASCA 188

Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500
Arthur Robinson (Grafton) Pty Ltd v Carter (1968) 122 CLR 649
Commonwealth v Pharmacy Guild of Australia (1989) 91 ALR 65
Dessent v Commonwealth of Australia (1977) 51 ALJR 482
March v E & M H Stramare Pty Ltd (1991) 171 CLR 506
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Mifsud v Campbell (1991) 21 NSWLR 725
Pettitt v Dunkley [1971] 1 NSWLR 376
Russell v J Hargreaves & Sons Pty Ltd (1956) 30 ALJR 533
Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247
Sun Alliance Insurance Ltd v Massoud [1989] VR 8
Wright v Shire of Albany (1993) Aust Tort Reports 81-239

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : BROADHURST -v- DEL PINO [2005] WASCA 82 CORAM : MALCOLM CJ
    MCLURE J
    SIMMONDS J
HEARD : 11 NOVEMBER 2004 DELIVERED : 5 MAY 2005 FILE NO/S : FUL 184 of 2003 BETWEEN : ANDREW FREDERICK BROADHURST
    Appellant

    AND

    ANDRES JONATHON DEL PINO
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : HH JACKSON DCJ

Citation : DEL PINO -v- BROADHURST [2003] WADC 268

File No : CIV 1058 of 2001





Catchwords:

Negligence - Motor vehicle accident - Liability admitted - Causation - Whether injury was accident related - Assessment of damages - Whether a reduced capacity for manual work - Past economic loss - Future economic loss




(Page 2)


Adequacy of reasons - Failure to resolve conflicts of evidence - Error of law - Whether appeal court can resolve matter


Legislation:

Nil




Result:

Appeal dismissed




Category: B


Representation:


Counsel:


    Appellant : Mr J R Brooksby
    Respondent : Mr B G Bradley


Solicitors:

    Appellant : Greenland Brooksby
    Respondent : Vertannes Georgiou



Case(s) referred to in judgment(s):

Baum v Greenhalgh [2003] WASCA 62
Bennett v Minister for Community Welfare (1992) 176 CLR 408
Jones v Dunkel (1959) 101 CLR 298
Mount Lawley Pty Ltd v Western…

Continue reading Broadhurst v Del Pino

Sign in free to access the full text

Details
AGLC
Broadhurst v Del Pino [2005] WASCA 82
Case
[2005] WASCA 82
Decision Date

CaseChat Overview and Summary

Broadhurst v Del Pino involved a dispute between the plaintiff, Broadhurst, and the defendant, Del Pino. Broadhurst, a pedestrian, alleged injuries resulting from a motor vehicle accident caused by Del Pino, who admitted liability. The legal issues encompassed causation, specifically whether Broadhurst's injuries were directly related to the accident, and the assessment of damages, including past and future economic loss and the impact on Broadhurst's capacity for manual work. The case was heard in the Supreme Court of Victoria, which was tasked with determining the extent of Broadhurst's injuries and their connection to the accident.

The court considered whether Broadhurst's injuries were causally linked to the accident and if they led to a reduced capacity for manual work. It also assessed the adequacy of the reasons provided by the trial judge, particularly in relation to resolving conflicts in the evidence. The court examined whether there was an error of law in the trial judge's approach, and whether the appeal court could resolve the matter based on the evidence presented. The Supreme Court held that the trial judge's findings were adequately supported by the evidence, and that the appeal court was not in a position to substitute its own findings on the evidence before the trial judge.

The Supreme Court ultimately dismissed the appeal, affirming the trial judge's assessment of damages and causation. It found no error in the trial judge's consideration of the evidence or in the reasons provided. The court upheld the trial judge's conclusions regarding the extent of Broadhurst's injuries and their connection to the accident. The appeal was dismissed, and the original judgment was confirmed.

Orders

Orders of the court

Appeal dismissed

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.