Donaldson v Nurse

Case [2025] WADC 73


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…

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Donaldson v Nurse [2025] WADC 73
Case
[2025] WADC 73
Decision Date

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

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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