Jones v Bradley

Case [2003] NSWCA 81


CITATION: Jones v Bradley [2003] NSWCA 81 revised - 11/06/2003
HEARING DATE(S): 09/09/2002, 10/09/2002, 28/11/2002, 29/11/2002
JUDGMENT DATE:
16 April 2003
JUDGMENT OF: Meagher JA at 1; Beazley JA at 2; Santow JA at 3
DECISION: Appeal allowed.
CATCHWORDS: CONTRIBUTORY NEGLIGENCE - apportionment of responsibility - whether Trial Judge's discretionary assessment of contributory negligence miscarried - where actions of both the plaintiff and defendant involved serious and substantial departures from standard of care - where actions of both the plaintiff and defendant involved a significant degree of causal potency - NEGLIGENCE - assessment of damages - whether Trial Judge's discretion in assessing damages miscarried - scope of obligation to give reasons - whether it was appropriate for the appellate court to reassess damages - Griffiths v Kerkemeyer allowance - lost earning capacity allowance - home modification allowance - taxi transport allowance - handyman assistance allowance - future medical care allowance - case manager allowance
CASES CITED: Abalos v Australian Postal Commission (1990) 171 CLR 167
Agbaba v Witter (1977) 14 ALR 187
Beale v GIO (1997) 48 NSWLR 430
Biogen Inc v Medeva plc [1997] RPC1
Clarke v Freund 1999 (29) MVR 361
Damberg v Damberg [2001] NSWCA 87
Derrick v Cheung (2001) 181 ALR 301
Devries v Australian National Railways Commission (1993) 177 CLR 472
Emery v Wilson (1974) 28 ALJR 131
Gamser v Nominal Defendant (1977) 136 CLR 145; 13 ALR 387
General Insurance Office of New South Wales v Evans (1990) 21 NSWLR 564
Flanery v Halifax Estate Agencies [2001] 1 WLR 377
Fuller v Galvin Incorporated, SCNSWCA, 7 April 1995
House v The King (1936) 55 CLR 499
Jones v Hyde (1989) 63 ALJR 349
Malec v JC Hutton Pty Limited (1990) 169 CLR 638
Miller v Jennings (1954) 92 CLR 190
Minister for Immigration, Local Government and Ethnic Affairs v Hamsher (1992) 35 FCR 359
Moran v McMahon (1985) 3 NSWLR 700
Moylan v The Nutrasweet Company [2000] NSWCA 337
Nestle Australia Ltd v McDougall, (NSWCA, 24 June 1998, unreported)
North Sydney Council v Lygon (1995) 87 LGERA 435
Podrebersek v Australian Iron and Steel Pty Limited (1985) 59 ALJR 492
Rosenberg v Percival (2001) 205 CLR 434
RT & YE Falls Investment Pty Ltd v NSW [2001] NSWSC 1027
Schieb v Abbott (1999) 27 MVR 285
Shehata v Montague L Meyer Pty Ltd (1976) 51 ALJR 77
Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247
State Rail Authority of NSW v Earthline Construction (1999) 73 ALJR 306
TCN Channel Nine Pty Limited v Henry Alfred Anning [2002] NSWCA 82
Tuebner v Humble (1963) 108 CLR 491
Van Gervan v Fenton (1992) 175 CLR 327
Warren v Coombes (1979) 142 CLR 531
Wilkes v Bradford Kendall Ltd (1962) 79 WN (NSW) 850
Williams v The Minister for Aboriginal Land Rights Act 1983 and the State of NSW [2000] NSWCA 255
Wilson v Peisley (1975) 7 ALR 571; 50 ALJR 207
Yip v Zreika [2001] NSWCA 446

PARTIES :

Edward John JONES (Appellant)

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AGLC
Jones v Bradley [2003] NSWCA 81
Case
[2003] NSWCA 81
Decision Date

CaseChat Overview and Summary

Jones (Plaintiff) and Bradley (Defendant) were parties to litigation concerning an assessment of contributory negligence and damages. The dispute proceeded to an appellate court, comprising Meagher, Beazley, and Santow JJA.

The primary legal issues before the court were whether the trial judge's discretionary assessment of contributory negligence had miscarried, and whether the trial judge's discretion in assessing damages had also miscarried. Relatedly, the court considered the scope of an appellate court's obligation to give reasons and whether it was appropriate for the appellate court to reassess damages itself. Specific allowances for damages, including the Griffiths v Kerkemeyer allowance, lost earning capacity, home modifications, taxi transport, handyman assistance, future medical care, and a case manager, were also in contention.

The appellate court found that the actions of both the plaintiff and the defendant involved serious and substantial departures from the standard of care, and that both parties' actions possessed a significant degree of causal potency. The court determined that the trial judge's discretionary assessments regarding both contributory negligence and damages had miscarried. Consequently, the appellate court reassessed the damages.

The appeal was allowed.

Orders

Orders of the court

Appeal allowed.

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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