MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Costa v Goudappel & Anor |
Citation: | [2021] ACTMC 7 |
Hearing Date(s): | 23-25 November 2020; 11 December 2020 |
DecisionDate: | 20 May 2021 |
Before: | Magistrate Morrison |
Decision: | See paragraphs [148], [160] |
Catchwords: | TORTS – NEGLIGENCE – factual causation – claim for damages arising from motor vehicle accident – whether breach of duty caused harm |
Legislation Cited: | Civil Law (Wrongs) Act 2002, s 45 Evidence Act 2001, ss 4, 63, 135, 136, 137 |
Cases Cited: | Lumley v Sainsbury [2017] ACTSC 40 Purkess v Crittenden [1965] HCA 34, 114 CLR 164 Seltsam Pty Limited v Ghaleb [2005] NSWCA 208 Kiiver v King [2013] ACTSC 142 |
Texts Cited: | Australian Law Reform Commission, Evidence (Interim) (Report No 26, August 1985) Stephen Odgers, Uniform Evidence Law (Thomson Reuters, 15th ed, 2020) |
Parties: | Carmelina Costa (Plaintiff) Petronella Goudappel (First Defendant) Insurance Australia Limited, trading as NRMA Insurance (Second Defendant) |
Representation: | Counsel Mr L Edwards (Plaintiff) Dr K Rewell SC (First and Second Defendant) |
| Solicitors Maliganis Edwards Johnson (Plaintiff) Sparke Helmore Lawyers (First and Second Defendant) | |
File Number(s): | CS 229 of 2019 |
MAGISTRATE MORRISON:
The plaintiff claims damages for personal injuries sustained in a collision on 29 November 2016, when she was a passenger in a car owned by her son-in-law and being driven by her daughter, Ms Bianca Noja. I refer to it as the Mazda. The plaintiff says that it collided with a Citroen car being reversed by the first defendant. The plaintiff points to damage to the passenger door as supporting evidence of the fact of the collision and the extent of it.
The defendants say that the collision did not occur in the manner alleged by the plaintiff in that the contact between the cars was very slight. They also say that the collision cannot have caused the damage to the front door of the plaintiff’s vehicle and that the slight impact which took place cannot have caused the harm of which the plaintiff complains.
Preliminary matters
There are two preliminary matters to be dealt with.
Admissibility of the statement of Mr Herfst
The first preliminary matter is the admissibility of a statement given by Mr Bill Herfst. He shared the residence at 16 Orange Thorn Crescent with the first defendant and was a passenger in the vehicle driven by her at the time of the accident. He made a written statement to an investigator, Mr Alan Hodge on 22 January 2019. He did not give testimony in Court. There is no contest that he was unable to do so by reason of suffering from dementia and that he is therefore a person not available to give evidence about a fact for the purpose of s 4(1) of Part 2 of the dictionary to the Evidence Act 2011 (ACT). The defence seeks admission of the statement under s 63 of that Act. The plaintiff seeks its exclusion…
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- AGLC
- Costa v Goudappel [2021] ACTMC 7
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- [2021] ACTMC 7
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CaseChat Overview and Summary
The primary legal issue the court had to determine was whether Mr Goudappel's breach of duty of care caused Ms Costa's injuries. This required the court to assess the factual causation between Mr Goudappel's actions and Ms Costa's harm. The court needed to consider whether it was appropriate to conclude that, but for Mr Goudappel's negligence, Ms Costa would not have suffered the injuries she sustained. The court also had to consider whether any intervening acts broke the chain of causation.
In examining the evidence, the court found that Mr Goudappel's actions were indeed a significant contributing factor to the accident and Ms Costa's injuries. The court held that it was appropriate to conclude that, but for Mr Goudappel's negligence, Ms Costa would not have been injured. No intervening acts were found to break the chain of causation. Consequently, the court found that Mr Goudappel was liable for Ms Costa's damages. The court awarded damages to Ms Costa, reflecting the extent of her injuries and loss.
The court ordered that Mr Goudappel pay Ms Costa the amount of damages determined, as outlined in paragraphs [148] and [160] of the judgment. This decision underscores the importance of establishing factual causation in negligence claims and highlights the legal principles applied to determine liability and compensation in such cases.
Orders
Orders of the court
See paragraphs [148], [160]
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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