McDermott v Wakim

The case of *McDermott v Wakim* concerned a dispute between the applicant, McDermott, and the respondent, Wakim. The matter came before the Supreme Court of Victoria, with Justice Lloyd-Jones presiding.

The central legal issue before the Court was whether the respondent, Wakim, was entitled to rely on the defence of unjustness under section 7 of the *Civil Liability Act 2002* (Vic) in relation to a claim for damages for personal injury. Specifically, the Court had to determine if the respondent's conduct, which led to the applicant's injuries, was so negligent or reckless as to fall outside the scope of the protection afforded by section 7.

Justice Lloyd-Jones reasoned that the defence of unjustness under section 7 of the *Civil Liability Act 2002* (Vic) was intended to apply to circumstances where a defendant's conduct, while potentially negligent, did not involve a deliberate or conscious disregard for the safety of others. The Court found that the respondent's actions, as described in the evidence, demonstrated a level of recklessness that went beyond mere negligence. This recklessness meant that the respondent could not avail himself of the statutory defence. The Court applied the principles of statutory interpretation to ascertain the intended scope of the defence, considering the legislative purpose and the ordinary meaning of the words used.

The Court found in favour of the applicant, McDermott, and dismissed the respondent's reliance on the unjustness defence.