Collins v R

The appeal concerns a motor vehicle accident that occurred in Darwin on 26 September 1971, where the appellant, Daniel Noel Jackson, was riding a motorcycle and collided with the respondent, Neil Windahl, who was driving a car. Jackson sued Windahl for damages, and the Supreme Court of the Northern Territory awarded Jackson $23,473.64 in damages. Jackson appealed this decision on two grounds: first, that the trial judge erred in finding him guilty of contributory negligence, and second, that the award of general damages was manifestly inadequate.

The Federal Court of Australia found that Windahl was grossly negligent in driving on the wrong side of the road and failing to signal his intention to turn right. Jackson's decision to avoid a head-on collision by attempting to pass on the left was deemed reasonable under the circumstances, and he was not found guilty of contributory negligence. The court also found that Jackson's speed of 25 to 30 miles per hour was not excessive given the circumstances.

Regarding the damages, the court found the award for future economic loss to be modest but not manifestly low, taking into account factors such as the delay in bringing the proceedings and Jackson's employment history. However, the court deemed the award of $11,000 for general damages to be manifestly inadequate, given the significant impact of the injuries on Jackson's physical and mental well-being.

Final orders will be made by the court to adjust the award of general damages to better reflect the severity and impact of Jackson's injuries.