Carrier v Bonham

Case [2001] QCA 234


SUPREME COURT OF QUEENSLAND

CITATION: Carrier v Bonham [2001] QCA 234
PARTIES: KEITH DARREL CARRIER
(plaintiff/respondent)
v
JOHN LLEWELLYN BONHAM
(first defendant/appellant)
FILE NO/S: Appeal No 7606 of 2000
DC No 788 of 1998
DIVISION: Court of Appeal
PROCEEDING: Personal Injury
ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON: 22 June 2001
DELIVERED AT: Brisbane
HEARING DATE: 19 March 2001
JUDGES: McMurdo P, McPherson JA, Moynihan J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:

Appeal against the judgment given on 4 August 2000 dismissed with costs.
Appeal against the order made on 11 August 2000 allowed, by substituting "on the standard basis" for "on an indemnity basis" where those words appear in paragraph 1 of that order.

CATCHWORDS:

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – REASONABLE FORESEEABILITY OF DAMAGE – PARTICULAR CASES – OTHER PARTICULAR CASES – UNSOUNDNESS OF MIND – whether person of unsound mind is at common law capable of being legally liable in negligence for conduct that causes injury and loss to another – whether the appellant’s act was “calculated” in the ordinary sense to cause harm

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – STANDARD OF CARE – PARTICULAR PERSONS AND SITUATIONS – whether a person of unsound mind is to be judged by the standard of the ordinary and reasonable person.

Criminal Code, s 27
Mental Health Act 1974 (Qld), Part 4
Supreme Court Act 1995 (Qld), s 253

Adamson v Motor Vehicle Insurance Trust (1957) 58 WALR 56, considered
Bunyan v Jordan (1936) 36 SR(NSW) 350, applied
Bunyan v Jordan (1937) 57 CLR 1, considered
Cook v Cook (1986) 162 CLR 376, considered
Elford v FAI General Insurance Company Limited [1994] 1 Qd R 258, applied
Jaensch v Coffey (1984) 155 CLR 549, considered
McHale v Watson (1964) 111 CLR 384, considered
McHale v Watson (1966) 115 CLR 199, considered
Morriss v Marsden [1952] 1 All ER 925, considered
Northern Territory v Mengel (1995) 185 CLR 307, applied
Victorian Railways Commissioners v Coultas (1888) 13 App Cas 222, distinguished
White v White [1949] 2 All ER 339, considered
Wilkinson v Downton [1897] 2 QB 57, applied

COUNSEL: P Keane QC with D Kent for the appellant
H Frazer QC with F Forde for the respondent
SOLICITORS: Public Trustee for the appellant
Quinn & Scattini for the respondent
  1. McMURDO P.  I agree with McPherson JA generally, for the reasons he has given, that the appellant was liable to the respondent in negligence despite his mental illness.  I wish only to add the following brief comments.

  1. The criminal law recognises that a person is not criminally responsible for acts or omissions done without capacity because of mental illness or mental disability.[1]

    [1]Criminal Code, s 27; Mental Health Act 1974 (Qld), Part 4.

  1. In negligence involving children, the High Court has recognised that whilst the…

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AGLC
Carrier v Bonham [2001] QCA 234
Case
[2001] QCA 234
Decision Date

CaseChat Overview and Summary

The case of Carrier v Bonham involved a legal dispute concerning whether a person of unsound mind could be held liable for negligence under common law, and if so, what standard of care should be applied. The appellant, Carrier, was deemed to have been of unsound mind when he committed an act that caused injury to the respondent, Bonham. The High Court of Australia was tasked with determining whether Carrier's actions constituted a breach of duty of care, and if so, whether the standard of care should be that of an ordinary and reasonable person or some other standard.

The court needed to address two main legal issues. Firstly, whether a person of unsound mind could be held legally liable for negligence when their conduct caused injury and loss to another. Secondly, if such a person could be held liable, the court needed to determine what standard of care should be applied in assessing their conduct. This involved a consideration of whether the standard should be that of an ordinary and reasonable person or if a different standard should be applied.

In its reasoning, the Court determined that a person of unsound mind could indeed be held liable for negligence if their conduct causes injury to another, provided that their actions were calculated in the ordinary sense to cause harm. The Court held that the standard of care to be applied should be that of an ordinary and reasonable person. This meant that the Court applied the usual common law principles of negligence, but with the understanding that the person of unsound mind was to be judged by the same standard as any other person.

The Court dismissed the appeal against the judgment and affirmed the lower court's decision. However, it allowed the appeal against the order regarding costs, modifying the basis on which costs were to be paid. The final orders of the Court were that the appeal against the judgment given on 4 August 2000 was dismissed with costs, and the appeal against the order made on 11 August 2000 was allowed by substituting "on the standard basis" for "on an indemnity basis" in the relevant paragraph of the order.

Orders

Orders of the court

Appeal against the judgment given on 4 August 2000 dismissed with costs.

Appeal against the order made on 11 August 2000 allowed, by substituting "on the standard basis" for "on an indemnity basis" where those words appear in paragraph 1 of that order.

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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