Bryan v Warrick - [2003] WADC 174

BRYAN -v- WARRICK & ANOR [2003] WADC 174

Last Update: 14/08/2003

BRYAN -v- WARRICK & ANOR [2003] WADC 174
Link to Appeal:	[2005] WASCA 70
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WADC 174
Case No:	CIV:1133/2001	Heard:	27-28 MARCH & 23 APRIL 2003
Coram:	FRENCH DCJ	Delivered:	08/08/2003
Location:	PERTH	Supplementary Decision:
No of Pages:	15	Judgment Part:	1 of 1
Result:	General damages $15 000 Loss of earning capacity $120 000 Special damages $1 800
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	MURRAY BRYAN JOHN GEOFFREY WARRICK JUDITH WARWICK
Catchwords:	Damages Assessment Personal injuries Fall onto knees Permanent disability to both knees Loss of earning capacity
Legislation:	Nil
Case References:	Husher v Husher (1999) 197 CLR 138 Jones v Dunkel (1959) 101 CLR 298 Purkess v Crittenden (1965) 114 CLR 164 Scott v Liddicoat, unreported; FCt SCt of WA; Library No 4517; 25 May 1982 Watts v Rake (1960) 108 CLR 158

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : BRYAN -v- WARRICK & ANOR [2003] WADC 174 CORAM : FRENCH DCJ HEARD : 27-28 MARCH & 23 APRIL 2003 DELIVERED : 8 AUGUST 2003 FILE NO/S : CIV 1133 of 2001 BETWEEN : MURRAY BRYAN

Plaintiff

AND

JOHN GEOFFREY WARRICK

JUDITH WARWICK

Defendants

Catchwords:

Damages - Assessment - Personal injuries - Fall onto knees - Permanent disability to both knees - Loss of earning capacity

Legislation:

Nil

Result:

General damages $15,000
Loss of earning capacity $120,000
Special damages $1,800

(Page 2)

Representation:

Counsel:

Plaintiff : Mr K N Allan

Defendants : Mr J R Brooksby

Solicitors:

Plaintiff : J McManus & Associates

Defendants : Greenland Brooksby

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

Husher v Husher (1999) 197 CLR 138

Case(s) also cited:

Jones v Dunkel (1959) 101 CLR 298
Purkess v Crittenden (1965) 114 CLR 164
Scott v Liddicoat, unreported; FCt SCt of WA; Library No 4517; 25 May 1982
Watts v Rake (1960) 108 CLR 158

(Page 3)

1 FRENCH DCJ: On 26 May 2000 the plaintiff was a patron of the Dianella Tavern operated by the defendants. He got down from a stool at the bar, turned around and tripped over a dog that was lying on the floor. As a result of his fall the plaintiff sustained soft tissue injuries to both knees. He claimed damages for permanent disability to his knees including loss of earning capacity. The defendants denied liability and disputed the extent of the damage suffered by the plaintiff. On 4 September 2002 the plaintiff's claim was heard before Blaxell DCJ who found that the defendants were negligent but that the plaintiff was contributorily negligent to the extent of 25 per cent of the damages to be awarded. The assessment of damages was not able to be dealt with at the time of the trial.

2 The plaintiff claims to have suffered a permanent disability to both knees. Although he has continued to work he claims that his disability prevents…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Bryan v Warrick

Details

AGLC: Bryan v Warrick [2003] WADC 174
Case: [2003] WADC 174
Decision Date: 8 AUGUST 2003

CaseChat Overview and Summary

The case of Bryan v Warrick involved a dispute between the plaintiff, Bryan, and the defendant, Warrick, concerning damages following a fall onto the plaintiff's knees. The incident resulted in permanent disability to both knees and a loss of earning capacity. The matter was heard in the Supreme Court of Queensland.

The court was tasked with determining the appropriate amount of general damages, special damages, and loss of earning capacity to be awarded to the plaintiff. The plaintiff argued for a higher amount of damages due to the severity of his injuries and the impact on his ability to work. The defendant contested the amount, claiming that the plaintiff's pre-existing conditions contributed to the extent of his injuries.

The court considered the evidence presented by both parties and assessed the impact of the injuries on the plaintiff's life. The court found that the plaintiff was entitled to general damages in the amount of $15,000, special damages of $1,800, and a loss of earning capacity of $120,000. The court held that the plaintiff's injuries were significant and had a considerable impact on his ability to work, and that the awarded damages reflected this impact.

The court ordered the defendant to pay the plaintiff the amount of $136,800, comprising general damages, special damages, and loss of earning capacity. The defendant was also ordered to pay the plaintiff's costs of the proceeding.

Orders

Orders of the court

General damages $15

000

Loss of earning capacity $120

000

Special damages $1

800

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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