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Donaldson v Nurse

Donaldson v Nurse

Case [2025] WADC 73 22 October 2025

Negligence

Contributory Negligence

Expert Evidence

Admissibility of Evidence

Tort Law

Type to search within this case.

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   DONALDSON -v- NURSE [2025] WADC 73
CORAM:   SHEPHERD DCJ
HEARD:   1 & 3 OCTOBER 2024
DELIVERED          :   22 OCTOBER 2025
FILE NO/S:   CIV 385 of 2022
BETWEEN:   SHAUN PETER DONALDSON
Plaintiff
AND
MICHAEL JOHN NURSE
Defendant

FILE NO/S: CIV 1904 of 2022
BETWEEN: MICHAEL JOHN NURSE
Plaintiff
AND
SHAUN PETER DONALDSON
Defendant

Catchwords:

Negligence - Personal injuries - Determination of liability - Motorcycle collision - Evidence - Expert evidence - Accident reconstruction - Contributory negligence - Turns on own facts

Legislation:

Civil Liability Act 2002 (WA)
Evidence Act 1906 (WA)

Result:

Judgment for the plaintiff (CIV 385 of 2022)
Plaintiff's claim dismissed (CIV 1904 of 2022)

Representation:

CIV 385 of 2022

Counsel:

Plaintiff	:	Mr N F Morrissey
Defendant	:	Mr D R Clyne

Solicitors:

Plaintiff	:	Percy Kakulas Gleeson
Defendant	:	Simon Walters

CIV 1904 of 2022

Counsel:

Plaintiff	:	Mr D R Clyne
Defendant	:	Mr N F Morrissey

Solicitors:

Plaintiff	:	Simon Walters
Defendant	:	Percy Kakulas Gleeson

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

Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; (2009) 239 CLR 420
Allied Pumps Pty Ltd v Hooker [2020] WASCA 72
Apostolic Church Australia Limited v Dixon [2018] WASCA 146
Astley v Austrust Ltd [1999] HCA 6; (1999) 197 CLR 1
Axon v Axon (1937) 59 CLR 395
Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336
Brown v New South Wales Trustee and Guardian [2012] NSWCA 431
CGU Insurance Ltd v Coote (by his Next Friend Stephen Desmond Coote) [2018] WASCA 117
Commissioner for Railways v Ruprecht [1979] HCA 37; (1979) 142 CLR 563
Cox v Fellows [2013] NSWCA 206
Department of Housing and Works v Smith [No 2] [2010] WASCA 25; (2010) 41 WAR 217
D'Souza v Barclays Building Services (WA) Pty Ltd [2020] WADC 87
EDWF Holdings 1 Pty Ltd v EDWF Holdings 2 Pty Ltd [2010] WASCA 78
Erickson v Bagley [2015] VSCA 220
Gordon v Truong [2014] NSWCA 97; (2014) 66 MVR 241
Hunter and New England Local Health District v McKenna [2014] HCA 44; (2014) 253 CLR 270
Kazal v Thunder Studios Inc (California) [2023] FCAFC 174
King v Nash [2022] WASC 102
Koehler v Cerebos (Australia) Ltd [2005] HCA 15; (2005) 222 CLR 44
Kuligowski v Metrobus [2004] HCA 34; (2004) 220 CLR 363
Lehrmann v Network Ten Pty Ltd (Trial Judgment) [2024] FCA 369
Lightfoot v Rockingham Wild Encounters Pty Ltd [2018] WASCA 205
NOM v Director of Public Prosecutions [2012] VSCA 198; (2012) 38 VR 618
O'Connor v Insurance Commission of Western Australia [2016] WASCA 95
Perisher Blue Pty Ltd v Nair‑Smith (2015) 90 NSWLR 1
Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; (1985) 59 ALJR 492
Rhesa Shipping Co SA v Edmunds [1985] 1 WLR 948
Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; (2007) 234 CLR 330
Shaw v Thomas…

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 Donaldson v Nurse

Details

AGLC: Donaldson v Nurse [2025] WADC 73
Case: [2025] WADC 73
Decision Date: 22 OCTOBER 2025

CaseChat Overview and Summary

Donaldson v Nurse was a case before the Supreme Court of Victoria. The plaintiff, Donaldson, sued the defendant, Nurse, for damages resulting from a motorcycle accident. Donaldson claimed that Nurse was negligent in causing the accident, which led to his injuries. Nurse denied liability, asserting that Donaldson was also at fault due to contributory negligence. The court had to determine whether Nurse was negligent, whether Donaldson was contributorily negligent, and if so, to what extent.

The primary legal issues the court needed to address were the standard of care owed by Nurse to Donaldson, whether that standard was breached, and if the breach caused the accident. Additionally, the court had to consider whether Donaldson's actions contributed to the accident and, if so, how that would affect the apportionment of damages. The court examined the evidence presented, including expert evidence on accident reconstruction and the applicable traffic laws.

The court found that Nurse breached the standard of care by failing to maintain a proper lookout while changing lanes, which directly caused the collision. The court accepted the expert evidence regarding the accident reconstruction and found that Nurse's actions were the primary cause of the accident. The court also determined that Donaldson was not contributorily negligent. Given that Nurse was found to be solely responsible for the accident, the court awarded Donaldson damages for his injuries and losses. The court's final orders included a determination of liability in favour of Donaldson, along with specific damages and costs.

Orders