Stafford v Carrigy-Ryan

Case [2014] ACTCA 27


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Stafford v Carrigy-Ryan & Anor

Medium Neutral Citation:

[2014] ACTCA 27

Hearing Date:

14 May 2014

DecisionDate:

27 August 2014

Before:

Penfold, Burns and Jagot JJ  

Decision:

The appeal is dismissed, with costs.

Category:

Principal Judgment

Catchwords: 

PERSONAL INJURY – motor vehicle accident – driver and passenger plaintiff intoxicated by alcohol – extent to which plaintiff was aware of driver’s level of intoxication – contributory negligence – delayed complaint of injury to cervical spine – whether appellant withdrew from the enterprise

APPEAL – appeal from a single judge – whether reduction in damages for contributory negligence had been correctly assessed – whether award should have been made for future loss of earning capacity – whether further evidence should have been admitted – whether award for gratuitous assistance was inadequate – appeal dismissed

Legislation Cited:

Civil Law (Wrongs) Act 2002 (ACT)

Supreme Court Act 1933 (ACT)

Cases Cited:

Australian Capital Territory v Crowley [2012] ACTA 52

Branir Pty Ltd v Owston Nominees (No. 2) Pty Ltd (2001) 117 FCR 424
Dearman v Dearman (1908) 7 CLR 549
Fox v Percy (2003) 214 CLR 118
Gala v Preston (1991) 172 CLR 243
Huen v Hyland [2004] ACTCA 5
Joslyn v Berryman (2003) 214 CLR 522
Miller v Miller (2011) 242 CLR 446
Nemeth v Australia Litigation Funders Pty Ltd [2014] NSWCA 198
Nominal Defendant v Green [2013] NSWCA 219

Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALR 529

Parties:

Aaron Lot Stafford (Appellant)

Andrew Carrigy-Ryan (First Respondent)

QBE Insurance (Australia) Limited ACN 003 191 035 (Second Respondent)

Representation:

Counsel

Mr G Stretton SC (Appellant)

Mr K Rewell SC (Respondents)

Solicitors

Colquhoun Murphy Lawyers (Appellant)

Moray & Agnew Lawyers (Respondents)

File Numbers:

ACTCA 58 of 2013; SC 592 of 2011

Decision Under Appeal: 

Court:    ACT Supreme Court         

Before:    Acting Justice Sidis

Date of Decision:            4 July 2013

Citation: [2013] ACTSC 99

THE COURT:

  1. The appellant was the passenger in a motor vehicle driven by the first respondent on 25 October 2008 when it failed to negotiate a corner on Corin Road, ran off the road and overturned several times. The appellant suffered injuries in the accident, although the extent of those injuries was a matter of dispute. The appellant and the first respondent had consumed alcohol together from about 5:30 or 6 pm on 24 October until approximately 1 am on 25 October, about 1.5 hours before the accident.

  1. A blood sample taken from the first respondent 2 hours after the accident revealed a reading of 0.155 grams of alcohol per 100 millilitres of blood. In the course of the hearing before the primary judge the appellant attempted to minimise the amount of alcohol he and the first respondent consumed prior to the accident, but there was independent evidence that by midnight on 24 October 2008 they were both “quite drunk”, and that after the accident they both smelled of beer and appeared to be still intoxicated.…

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AGLC
Stafford v Carrigy-Ryan [2014] ACTCA 27
Case
[2014] ACTCA 27
Decision Date

CaseChat Overview and Summary

The appeal concerned a motor vehicle accident where both the driver and the passenger plaintiff were intoxicated by alcohol. The central dispute revolved around the extent to which the plaintiff was aware of the driver's level of intoxication and whether this awareness constituted contributory negligence, thereby reducing the damages awarded. A further issue was the plaintiff's delayed complaint of injury to their cervical spine, and whether the plaintiff had effectively withdrawn from the shared enterprise of driving.

The court was required to determine several key legal issues. These included whether the reduction in damages for contributory negligence had been correctly assessed by the trial judge, whether an award for future loss of earning capacity should have been made, and whether further evidence should have been admitted on appeal. Additionally, the court considered whether the award for gratuitous assistance provided to the plaintiff was inadequate.

The court dismissed the appeal, upholding the decision of the single judge. The reasoning focused on the assessment of contributory negligence, finding that the reduction in damages was appropriate given the plaintiff's awareness of the driver's intoxication and the inherent risks associated with such a situation. The court also addressed the other grounds of appeal, concluding that no error had been made in relation to the award for future loss of earning capacity, the refusal to admit further evidence, or the assessment of damages for gratuitous assistance.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.

Orders

Orders of the court

The appeal is dismissed, with costs.

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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