| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. 9344 of 2009
| JAMES LI | Plaintiff |
| v | |
| TOYOTA MOTOR CORPORATION AUSTRALIA LTD | Defendant |
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JUDGE: | J FORREST J | |
WHERE HELD: | Melbourne | |
DATES OF HEARING: | 23, 24, 27, 28, 29 and 30 September, 1 October 2010 | |
DATE OF RULING: | 1 October 2010 (written reasons 4 October 2010) | |
CASE MAY BE CITED AS: | Li v Toyota (Ruling No. 3) | |
MEDIUM NEUTRAL CITATION: | [2010] VSC 448 | |
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COURTS – Practice and procedure – Trial – Civil jury trial – Counsel’s address – Comment on plaintiff’s entitlement to workers’ compensation – new trial ordered.
PRACTICE – Counsel’s address – Reference to payments of workers’ compensation.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr A. Adams QC Mr M. Ruddle | Clark Toop |
| For the Defendant | Mr D. Curtain QC Ms F. Ryan | Minter Ellison |
HIS HONOUR:
Introduction
On Friday 1 October 2010 senior counsel for the plaintiff, Mr Li, applied to discharge the jury on the basis of remarks made by senior counsel for the defendant, Toyota, in the course of his final address. After hearing argument I granted the application. I gave oral reasons at the time. These are, as I promised, my expanded written reasons.
Mr Li sued his employer Toyota, in common law negligence and breach of statutory duty for injuries sustained in the course of his employment. The trial occupied approximately six days of evidence. Toyota denied liability and also asserted that there was no causal link between Mr Li’s employment and his significant knee injury which was the subject of the litigation.
The trial
During the course of the trial, the issue of payments of workers’ compensation arose on several occasions. It was mentioned by Mr Li’s senior counsel in his opening address. Evidence was led from Mr Li as to his receipt of payments of compensation and an exhibit, P 9, was tendered which contained Mr Li’s application for compensation and a letter from Toyota’s claims agent admitting liability for injuries sustained at work by Mr Li.
The substance of the closing address to the jury of counsel for Toyota was that his client had not breached its common law or statutory duty to Mr Li. He emphasised to the jury Mr Li’s unreliability as a witness in the light of other evidence that had emerged during the course of the trial. Towards the end of his address he said as follows:
Mr Adams will say that the defendant, by accepting the plaintiff's claim for compensation, admits that the plaintiff suffered injury in the course of his employment. That's a matter for you and you can infer that if you wish to. However, the question here is not whether he suffered injury in the course of his employment, it's whether there was negligence, whether there was fault.[1]
[1]T 696.
Pausing here, in my view, there could be no complaint about this reference – it was legitimate to mention workers’ compensation and make the point that…
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- Li v Toyota (Ruling No. 3) [2010] VSC 448
- Case
- [2010] VSC 448
- Decision Date
CaseChat Overview and Summary
The key legal issues in this case revolved around the appropriateness of counsel’s address to the jury. Specifically, the court had to assess whether comments made during the trial regarding the plaintiff’s entitlement to workers’ compensation constituted a prejudicial remark that could have influenced the jury’s decision. The court had to weigh the impact of such comments against the principles of fairness and impartiality in civil trials.
In delivering the judgment, the court found that the comments made by counsel were indeed prejudicial as they touched upon matters outside the scope of the trial, specifically the plaintiff’s entitlement to workers’ compensation. Such comments could potentially sway the jury’s decision by introducing extraneous considerations. The court concluded that the prejudicial nature of the remarks warranted a new trial to ensure the fairness and integrity of the proceedings. The court ordered a new trial to be conducted without such prejudicial comments being made.
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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