Scheldrick v Beveridge

[2006] NSWDC 189

Reported Decision: 4 DCLR (NSW) 281 Appeal dismissed [2007] NSWCA 105

District Court

CITATION:	Sheldrick v Beveridge [2006] NSWDC 189 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S):	8, 9, 10 and 11 May 2006
JUDGMENT DATE:	11 May 2006
EX TEMPORE JUDGMENT DATE:	05/11/2006
JURISDICTION:	Civil Jurisdiction
JUDGMENT OF:	Johnstone DCJ at 1
DECISION:	Verdict and judgment for the first defendant against the plaintiff; Verdict for the plaintiff against the second defendant; Agreed total damages of $600,000 reduced by 40% for contributory negligence; Judgment for the plaintiff against the second defendant for $360,000; Judgment for the first defendant against the second defendant; Costs to follow these events; Bullock order refused.
CATCHWORDS:	NEGLIGENCE - Child on bicycle hit by car when returning home, unsupervised, from a school excursion - Driver not negligent - Teachers and school negligent - Contributory negligence by child - Bullock order refused
CASES CITED:	Barisic v Devenport [1978] 2 NSWLR 111 Berrigan Shire Council v Ballerini (No 2) [2006] VCSA 65 Chotiputhsilpa v Waterhouse [2005] NSWCA 342 at [13] - [15] Clarke v Friend 29 MVR 361 at [14] Cook v Hawes [2002] NSWCA 79 at [15] Derek v Cheung (2001) 81 ALR 301 at [10] Furber v Stacey (2005) NSWCA 242 at [116] Gunning v Fellows (1997) MVR 97 at p 100 Knight v McLean [2002] NSWCA 314 at [61] - [68] Martin v Reda (2004) 41 MVR 421 Ohn v Walton (1995) 36NSWLR 77 at 79 Oshlack v Richmond River Council (1998) 193 CLR 72 Podrebersek v Australian Iron and Steel Pty Limited (1985) 59 ALR 529 at 532-3 Rowes Business Service Pty Limited v Cowan [1999] NSWCA 268 at [37] Steward v Carnell (1984) 2 MVR 147 Stocks v Baldwin (1996) 24 MVR 416 at p 418 Williams v Lewer [1974] 2 NSWLR 91 at 95
PARTIES:	Neil William Sheldrick (Plaintiff) Cheryl Beveridge (First Defendant) State of New South Wales (Second Defendant)
FILE NUMBER(S):	4606/04
COUNSEL:	Mr F Austin for the Plaintiff Mr R Bartlett SC for the First Defendant Mr P Menary for the Second Defendant
SOLICITORS:	Lyons & Lyons (Plaintiff) Lee & Lyons (First Defendant) Hicksons (Second Defendant)

JUDGMENT

Factual background

1. The plaintiff in these proceedings is Neil Sheldrick. He was born on 19 October 1981 and is now 24 years of age, and resides with his brother and another friend. He was studying at university but unfortunately dropped out about a month ago. He is working as a barman.

2. On 22 February 1996 at the age of 14 he sustained severe injuries when in the course of riding a bicycle in the streets of Albury he collided with a motor vehicle. The accident occurred at the intersection of Alma Street and North Street in the northern suburbs of Albury.

3. The first defendant, Mrs Cheryl Beveridge, was the driver of that motor vehicle. She was a resident of Albury at the time of the accident.