JAMES BOYD NORMAN v SANDRA DARLENE SPIERS [2004] ACTCA 25
(10 December 2004)
NEGLIGENCE – police car with siren and lights activated travelling at speed above limit – significance of regulation exempting driver from compliance with traffic rules – whether driver nonetheless negligent in travelling at admitted speed in prevailing circumstances – contributory negligence – failing to keep proper look out – changing lanes when unsafe and without signal.
EVIDENCE – whether reliance on stopping distances suggested in text book permissible.
Civil Law (Wrongs) Act 2002 (ACT), s 42
Road Transport (Safety and Traffic Management) Regulations 2000, reg 69
Spiers v Norman [2004] ACTSC 55
Suvaal v Cessnock City Council (2003) 200 ALR 1
Warren v Coombes (1979) 142 CLR 531
South Ambulance Ambulance Transport Inc v Wahlheim (1948) 77 CLR 215
Board of Fire Commissioners (NSW) v Ardouin (1961) 109 CLR 105
Morgan v Pearson (1979) 22 SASR 5
Patterson v McGinlay (1991) 55 SASR 258
Nelligan v Mickan (1998) 28 MVR 114
Johnstone v Woolmer (1977) 16 ACTR 6
Schulz v Morrison (1984) 1 MVR 34
Watt v Hertfordshire County Council [1954] 2 All ER 368
Blight v Warman & McAllan [1964] SASR 163
Winter v Cth (1992) 112 ACTR 10
Leslie & Britts Motor Vehicle Law in NSW (4th ed)
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. ACTCA 26-2004
No. SC 624 of 2002
Judges: Crispin P, Connolly and Selway JJ
Court of Appeal of the Australian Capital Territory
Date: 10 December 2004
IN THE SUPREME COURT OF THE ) No. ACTCA 26-2004
) No. SC 624 of 2002
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:JAMES BOYD NORMAN
Appellant
AND:SANDRA DARLENE SPIERS
Respondent
ORDER
Judges: Crispin P, Connolly and Selway JJ
Date: 10 December 2004
Place: Canberra
THE COURT ORDERS THAT:
the appeal is allowed for the purpose of reducing the amount of the judgment from $232,452.30 to $116,226.15;
the respondent to pay the appellant’s costs of the appeal.
IN THE SUPREME COURT OF THE ) No. ACTCA 26-2004
) No. SC 624 of 2002
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:JAMES BOYD NORMAN
Appellant
AND:SANDRA DARLENE SPIERS
Respondent
Judges: Crispin P, Connolly and Selway JJ
Date: 10 December 2004
Place: Canberra
REASONS FOR JUDGMENT
THE COURT:
The appellant appeals from the decision of the primary Judge given on 28 June 2004: Spiers v Norman [2004] ACTSC 55. The primary Judge found that the appellant was wholly liable for a motor vehicle collision on 24 December 2001 between a police vehicle driven by the appellant and a private vehicle driven by the respondent. The primary Judge ordered that judgment be entered for the respondent in the sum of $232,452.30. For the reasons given below we would…
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- Byrnes v Barry [2004] ACTCA 25
- Case
- [2004] ACTCA 25
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CaseChat Overview and Summary
The legal issues before the Court of Appeal included whether the appellant, a police driver operating under an exemption from ordinary road rules, was nonetheless negligent in his driving at the speed and in the circumstances prevailing at the time of the collision. The court also considered whether the primary judge erred in her assessment of the appellant's speed, particularly in her reliance on textbook stopping distances, and whether the respondent was contributorily negligent.
The Court of Appeal found that the primary judge's conclusion regarding the appellant's speed, based on textbook stopping distances without expert evidence, could not be sustained. The court re-assessed the evidence and determined that while the appellant was exempt from statutory road rules under Regulation 69 of the Road Transport (Safety and Traffic Management) Regulations 2000, this exemption did not absolve him from a duty of care. Considering the prevailing circumstances, including heavy traffic, unusual conditions due to bushfires, and the presence of a crossover in the median strip, the court found that the appellant's speed of 100-110 kilometres per hour was excessive and constituted a breach of his duty of care. The court also found that the respondent was contributorily negligent for failing to keep a proper lookout and for changing lanes unsafely without signalling.
The Court of Appeal allowed the appeal, reducing the judgment amount by 50% to $116,226.15, reflecting an equal apportionment of blame between the parties. The court ordered the respondent to pay the appellant's costs of the appeal.
Orders
Orders of the court
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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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