Manley v Alexander

This appeal concerned a claim for damages for personal injuries arising from a motor vehicle accident. The respondent, who was heavily intoxicated, was struck by a tow truck driven by the appellant on Middleton Beach Road in Albany, Western Australia. The respondent suffered serious injuries and had no recollection of the events leading up to the collision. The appeal was brought before the High Court of Australia following a decision by the Full Court of the Supreme Court of Western Australia.

The central legal issue before the High Court was whether the Full Court of the Supreme Court was justified in overturning the trial judge's decision regarding the appellant's negligence. Specifically, the court had to determine whether the appellant, in the circumstances, had exercised reasonable care in fulfilling his duty to other road users, particularly given the respondent's presence on the road carriageway and the appellant's momentary distraction by a third party on the side of the road.

The High Court allowed the appeal, finding that the Full Court had erred in its assessment of the facts and the application of legal principles. The court reasoned that the trial judge had properly considered the appellant's evidence, which indicated he was driving at a reasonable speed, had his attention drawn to a potentially erratic pedestrian on the roadside, and veered to the centre of the road to avoid that person. The appellant then observed something on the road, attempted to brake, and ultimately struck the respondent. The High Court concluded that the trial judge's finding that the appellant had not been negligent was open to him on the evidence.

Consequently, the High Court ordered that the appeal be allowed with costs, and that the orders of the Full Court of the Supreme Court of Western Australia be set aside. In their place, the High Court ordered that the appeal to the Full Court be dismissed with costs.