Goldsmith v Sandilands

Case [2000] WASCA 18


GOLDSMITH -v- SANDILANDS & ORS [2000] WASCA 18



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 18
THE FULL COURT (WA)
Case No:FUL:173/199819 & 20 AUGUST 1999
Coram:PIDGEON J
IPP J
TEMPLEMAN J
17/02/00
48Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:TREVOR JOHN GOLDSMITH
MICHAEL DARREN SANDILANDS
THE STATE OF WESTERN AUSTRALIA
THE COMMISSIONER OF POLICE
THE STATE GOVERNMENT INSURANCE COMMISSION

Catchwords:

Tort
Negligence
Appeal from decision of a Commissioner in the District Court dismissing claim by police officer that he had been injured in a high speed chase
Appellant claims that credibility findings are flawed, that Commissioner erred in refusing appellant leave to re-open his case and grant unconditional leave to continue and that he was biased against appellant
Turns on own facts

Legislation:

Rules of the Supreme Court, O 23
The Motor Vehicle (Third Party) Insurance Act 1943

Case References:

Biogen Inc v Medeva PLC (1996) 36 IRP 438
Brown v Parker [1961] WAR 194
Devries v Australian National Railways Commission (1993) 177 CLR 472
Esso Australia Resources Ltd v Commissioner of Taxation (1998) 98 ATC 4768
S & I Publishing Pty Ltd v Australian Surf Lifesaver Pty Ltd (1999) ATPR 41-667
SCI Operations Pty Ltd v Trade Practices Commission (1984) 53 ALR 283
State Rail Authority of NSW v Earthline Constructions Pty Ltd (1999) 160 ALR 588

Abalos v Australian Postal Commission (1990) 171 CLR 167
American International Group Incorporation v London American Insurance Corporation (1982) FSR 441
Covell Matthews & Partners v French Wool Ltd [1977] 1 WLR 876
Ex parte Stiles (1990) 2 WAR 270
Government Employees Superannuation Board v Martin (1997) 19 WAR 224
Pallot v Harrison, unreported; SCt of WA (Owen J); Library No 950261; 12 May 1995
Piddington v Bennett and Wood Pty Ltd (1940) 63 CLR 533
R v Watson; Ex Parte Armstrong (1976) 136 CLR 248
Re Gear deceased [1964] Qd R 528
Re Hope; Ex parte Carter (1985) 59 ALR 609
Re JRL; Ex Parte CJL (1986) 161 CLR 342
Singh v Crafter, unreported; FCt SCt of WA; Library No 8434; 12 April 1990
Stahlschmidt v Walford [1878-79] 4 QBD 217
Urban Transport Authority of New South Wales v Nweiser (1992) 28 NSWLR 471

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : GOLDSMITH -v- SANDILANDS & ORS [2000] WASCA 18 CORAM : PIDGEON J
    IPP J
    TEMPLEMAN J
HEARD : 19 & 20 AUGUST 1999 DELIVERED : 17 FEBRUARY 2000 FILE NO/S : FUL 173 of 1998 BETWEEN : TREVOR JOHN GOLDSMITH
    Appellant

    AND

    MICHAEL DARREN SANDILANDS
    First Respondent

    THE STATE OF WESTERN AUSTRALIA
    Second Respondent

    THE COMMISSIONER OF POLICE
    Third Respondent

    THE STATE GOVERNMENT INSURANCE COMMISSION
    Fourth Respondent



Catchwords:

Tort - Negligence - Appeal from decision of a Commissioner in the District Court dismissing claim by police officer that he had been injured in a high speed




(Page 2)

chase - Appellant…

Continue reading Goldsmith v Sandilands

Sign in free to access the full text

Details
AGLC
Goldsmith v Sandilands [2000] WASCA 18
Case
[2000] WASCA 18
Decision Date

CaseChat Overview and Summary

The appeal by Goldsmith, a police officer, against the District Court's dismissal of his negligence claim was heard in the Supreme Court. Goldsmith contended that he was injured during a high-speed chase and sought to overturn the Commissioner's decision, which dismissed his claim. The appellant argued that the Commissioner's credibility findings were flawed, that he erred by refusing the appellant leave to re-open his case and grant unconditional leave to continue, and that he was biased against the appellant. The case hinged on its unique circumstances.

The primary legal issues before the court were whether the Commissioner's findings regarding credibility were correct and whether the Commissioner acted improperly in denying the appellant's requests to reopen the case and grant leave to continue. Additionally, the court had to determine if there was any bias on the part of the Commissioner against the appellant.

The court found that the Commissioner's assessment of credibility was well-reasoned and supported by the evidence presented. The court held that there was no error in the Commissioner's refusal to reopen the case or to grant unconditional leave to continue. Furthermore, the court found no evidence of bias on the part of the Commissioner. As a result, the appeal was dismissed.

The Supreme Court's decision upheld the District Court's ruling and dismissed the appeal. The court found no merit in the appellant's arguments, and therefore, the original dismissal of the negligence claim stood.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.