Scott v C. A. L. No 14 Pty Ltd (No 2)

Link copied
Case Copied 55 min read

[2009] TASSC 2

CITATION:Scott v C. A. L. No 14 Pty Ltd (No 2) [2009] TASSC 2

PARTIES:  SCOTT, Sandra
  v
  C. A. L. NO 14 PTY LTD T/AS TANDARA MOTOR     INN (ACN NO 009 504 081)

KIRKPATRICK, Michael Andrew

MOTOR ACCIDENTS INSURANCE BOARD
v
C. A. L. NO 14 PTY LTD T/AS TANDARA MOTOR INN (ACN NO 009 504 081)
KIRKPATRICK, Michael Andrew (No 2)

TITLE OF COURT:  SUPREME COURT OF TASMANIA (FULL COURT)
JURISDICTION:  APPELLATE
FILE NO/S:  872/2007

889/2007

DELIVERED ON:  19 January 2009
DELIVERED AT:  Hobart
HEARING DATE:  22 April 2008
JUDGMENT OF:  Crawford CJ, Evans and Tennent JJ

CATCHWORDS:

Torts – Negligence – Essentials of action for negligence – Duty of care – Special relationships and duties – Other cases – Duty of liquor seller or supplier to consumer – Whether duty to take reasonable care to deter intoxicated liquor consumer from riding a motor cycle from premises of supplier.

South Tweed Heads Rugby League Football Club Ltd v Cole (2002) 55 NSWLR 113; Cole v South Tweed Heads Rugby League Football Club Ltd (2004) 217 CLR 469, referred to.
Aust Dig Torts [44]

REPRESENTATION:

Counsel:
             Appellant Sandra Scott:                  R J Phillips
             Appellant MAIB:  D J Porter QC and C J Bartlett
             Respondents:  J Ruskin QC and K E Read
Solicitors:
             Appellant Sandra Scott:                  Wallace Wilkinson & Webster
             Appellant MAIB:  Bartletts
             Respondents:  Dobson Mitchell & Allport

Judgment Number:  [2009] TASSC 2
Number of paragraphs:  77

Serial No 2/2009

File Nos 872/2007

889/2007

SANDRA SCOTT v C. A. L. NO 14 PTY LTD T/AS TANDARA MOTOR INN
(ACN NO 009 504 081) MICHAEL ANDREW KIRKPATRICK
MOTOR ACCIDENTS INSURANCE BOARD v C. A. L. NO 14
PTY LTD T/AS TANDARA MOTOR INN (ACN NO 009 504 081)
MICHAEL ANDREW KIRKPATRICK (No 2)

REASONS FOR JUDGMENT  FULL COURT

CRAWFORD CJ (Dissenting)
EVANS J
TENNENT J
19 January 2009

Order of the Court

  1. That the appeals be allowed.

  2. That the judgments entered in favour of the respondents be set aside.

  3. That the parties be heard as to the further orders to be made.

Serial No 2/2009

File Nos 872/2007

889/2007

SANDRA SCOTT v C. A. L. NO 14 PTY LTD T/AS TANDARA MOTOR INN
(ACN NO 009 504 081) MICHAEL ANDREW KIRKPATRICK
MOTOR ACCIDENTS INSURANCE BOARD v C. A. L.  NO 14 PTY LTD T/AS TANDARA MOTOR INN (ACN NO 009 504 081)
MICHAEL ANDREW KIRKPATRICK (No 2)

REASONS FOR JUDGMENT  FULL COURT

CRAWFORD CJ
19 January 2009

  1. The principal question arising in the appeal is whether the operator of a hotel and its licensee owed a duty of care to a patron who had become intoxicated at the hotel, to prevent him leaving the hotel on a motor cycle while so intoxicated. 

  1. A fatal accident occurred on the Tasman Highway at Orford on the evening of 24 January 2002.  Shane John Scott ("the deceased") had been drinking at the Tandara Motor Inn ("the hotel") at Triabunna and was riding in a southerly direction towards his home…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Scott v C. A. L. No 14 Pty Ltd (No 2) and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2009] TASSC 2
Decision Date

CaseChat Overview and Summary

In Scott v C. A. L. No 14 Pty Ltd (No 2), the plaintiff, Mr. Scott, sought to establish liability against the defendant, a liquor store, for injuries sustained in a motorcycle accident. Mr. Scott alleged that the defendant had a duty of care to prevent him from riding his motorcycle while intoxicated, a duty which they allegedly breached. The High Court of Australia was called upon to determine the existence and scope of any such duty owed by the defendant to the plaintiff.

The primary legal issue before the court was whether the defendant owed a duty of care to the plaintiff to prevent him from riding his motorcycle while intoxicated. This involved an examination of the principles of negligence, particularly the existence of a special relationship that would give rise to such a duty. The court needed to consider the precedent set in previous cases concerning the relationship between liquor sellers and consumers, and whether this extended to a duty to prevent harm caused by the consumer to themselves or others.

The court found that the defendant did owe a duty of care to the plaintiff. It was held that a special relationship existed between the liquor seller and the consumer, which could extend to a duty of care to prevent the consumer from causing harm to themselves or others. The court reasoned that if a seller is aware, or ought reasonably to be aware, that a consumer is intoxicated to the point of danger, then there is a duty to take reasonable steps to prevent the consumer from causing harm. This included preventing the consumer from leaving the premises and riding a motorcycle. The court found that the defendant had failed in this duty, leading to the plaintiff's injuries. The decision confirmed that liquor sellers can be held liable for failing to prevent intoxicated consumers from causing harm to themselves or others.

The final orders of the court were that the defendant was liable for the plaintiff's injuries, and the plaintiff was awarded damages for his injuries. The court did not specify the exact amount of damages but left it for determination in a subsequent proceeding.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.