Nievas v Mohammed
[2017] NSWDC 168
Citation 1
(Para 149)
…e and not warranting a reduction for contributory negligence, I have also had regard to the decisions of Trompp v Liddle (1941) 41 SR (NSW) 108 and Stocks v Baldwin (1996) 24 MVR 416.…
Sharp v Carlin
[2015] QDC 288
Citation 2
(Para 1)
…Also in Stocks & Anor v Baldwin [1996] NSWCA 1 a pedestrian was crossing a busy street, having three lanes on each side of a median strip, some 40 metres from traffic lights. The pedestrian after crossing the median strip moved through banked up vehicles in the middle lane into the curb side lane. She was struck…
Baker v Mackenzie
[2015] ACTSC 272
Citation 3
(Para 1)
…er must take into account the possibility of careless behaviour by pedestrians and the fact that drivers are in charge of frequently lethal machines: Stocks v Baldwin (1996) 24 MVR 416 at 418; Dungan v Chan (2013) 64 MVR 249 at [16]-[17]. A greater standard of care is required of motorists when children are in the vicinit…
Lane v Chaplin
[2015] TASFC 4
Citation 4
(Para 4)
…e. Whilst a civil action in negligence involves both breach of duty and causation, these cases are of assistance in relation to the duty of care. See Stocks v Baldwin (1996) 24 MVR 416; Derrick v Cheung [2001] HCA 48; (2001) 181 ALR 301; Mobbs v Kain [2009] NSWCA 301 ; Manley v Alexander [2005] HCA 79; Clarke v Freund [19…
T and X Company Pty Ltd v Chivas
[2014] NSWCA 235
Citation 5
(Para 1)
…ty of a motor vehicle to inflict significant damage. The potential for a vehicle to do serious damage to a pedestrian was referred to by Mahoney P in Stocks v Baldwin (1996) 24 MVR 416 where his Honour observed, at 417-418:…
Helen Kamateros v Belinda Monk
[2014] NSWDC 6
Citation 6
…d take account of the possibility. Careless behaviour by pedestrians occurs often enough for a prudent driver to foresee it and take it into account: Stocks v Baldwin (1996) MVR 416 at 418.…
Davis v Swift
[2013] NSWDC 99
Citation 7
…[9] More recently in Stocks v Baldwin (1996) 24 MVR 416 Mahoney P stressed that the reasonable person would accept that it is not the duty of a driver so to drive that there is no foreseeable risk of injury to others, to think otherwise would be to ignore the realities of city life. However, four things need to be borne i…
Popovic (an infant) by next friend Zoran Popovic v Robinson
[2013] WADC 25
Citation 8
(Para 8)
…In Stocks v Baldwin (1996) 24 MVR 416 the New South Wales Court of Appeal upheld a decision in which the trial judge found that the defendant was driving at an excessive speed in the circumstances, notwithstanding that he was not speeding, in circumstances where it was foreseeable that a person in the position of the plai…
Suzanne Lyons v Clay Fletcher
[2012] NSWDC 207
Citation 9
(Para 1)
…ackellar [2012] NSWCA 331, Basten JA (with whom Campbell and Barnett JJA agreed) approved of the following passage from the judgment of Mahoney JA in Stocks v Baldwin (1996) 24 MVR 416 at 417 :…
Little v Mackellar
[2012] NSWCA 331
Citation 10
(Para 25)
…As Mahoney P said in Stocks v Baldwin (1996) 24 MVR 416 at 417: "The use of motor vehicles in the city [and it might be added, the country] creates real dangers: vehicles may strike pedestrians or they may collide with one another. But the fact that such dangers are created and that it is apparent that they exist does not…
Smith v Zhang
[2012] NSWCA 142
Citation 11
(Para 4)
…ngton v Norris or Anikin v Sierra but did cite a passage from the judgment of Mahoney P in Garry Paul Stocks & McDonald Hamilton Co Pty Ltd v Baldwin [1996] NSWCA 1; 24 MVR 416 in which his Honour referred to "the extent of the damage that may be done by a driver to a pedestrian" as one of the matters to be borne…
Stuardo bht Pinochet v Borsellino
[2012] NSWDC 9
Citation 12
…dman [1984] HCA 60; (1984) 155 CLR 306 Mobbs v Kain [2009] NSWCA 301 Rowe's Bus Service v Cowan [1999] NSWCA 268 State of NSW v Moss [2000] NSWCA 133 Stocks v Baldwin (1996) 24 MVR 416 Category: Principal judgment Parties: Brandon Stuardo bht Carolina Pinochet (Plaintiff) Loredana Borsellino (Defendant) Representation: Ms…
BROEKHUYSEN v Greenbank
[2010] WADC 72
Citation 13
(Para 6)
…In Stocks & Anor v Baldwin (1996) 24 MVR 416 the Court of Appeal (NSW) made the point, in the circumstances there described, that while the driver of a vehicle on a busy city street was entitled to assume that ordinary pedestrians would take simple precautions for their own safety, because "to think otherwise would be to ignore…
Mobbs v Kain
[2009] NSWCA 301
Citation 14
…001] NSWCA 461; (2001) 53 NSWLR 626 Rowes Bus Service Pty Ltd v Cowan [1999] NSWCA 268 Seers v Turrell [1997] NSWCA 279 Stocks v Baldwin (1996) 24 MVR 416 Travel Compensation Fund v Tambree [2005] HCA 69; (2005) 224 CLR 267 Tsuji v Metromix Pty Ltd (1998) 28 MVR 401 Turkmani v Visvalingam [2009] NSWCA 211 Vairy v Wyong Sh…
MARSHALL by his next friend SIAN RHONDA ROBERTS & ANOR -v- WENSINK
[2009] WADC 34
Citation 15
(Para 12)
…rt of Appeal was dismissed. During the course of his dissenting judgment Davies AJA said: "The facts of the present case were different from those in Stocks v Baldwin (1996) 24 MVR 416 for there was no particular perceivable risk which the appellant should have taken into account but did not. She drove with other cars at…
Bartholomaeus v Newcombe
[2008] WASCA 136
Citation 16
…[2007] WADC 94 Gorman v Scofield [2008] WASCA 78 Pennington v Norris (1956) 96 CLR 10 Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALR 529 Stocks v Baldwin (1996) 24 MVR 416…
Kain v Mobbs
[2008] NSWSC 383
Citation 17
…2005) 221 CLR 161 Rowes Bus Service Pty Ltd v Cowan [1999] NSWCA 268 Seymour v Australian Broadcasting Commission (1990) 19 NSWLR 219 Stocks v Baldwin (1996) 24 MVR 416 Tobin v Worland [2005] NSWCA 188 Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 422 Waverley Council v Ferreira [2005] NSWCA 418; (2005) Aust T…
Watson v Grenfell
[2006] WADC 176
Citation 18
(Para 4)
…ikely to be great. This is an important factor to take into consideration when assessing the standard of care required from a driver of a vehicle. In Stocks v Baldwin (1996) 24 MVR 416 at 418, Mahoney P pointed out the importance of the likely extent of the damage in the case of a collision between a vehicle and a pedestr…
Scheldrick v Beveridge
[2006] NSWDC 189
Citation 19
…d 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…
Perrozzi v Homestyle Pty Ltd
[2005] WADC 145
Citation 20
(Para 5)
…al authorities have a non‑delegable duty in respect of those in their care. Motor vehicle driving has been said to require a high duty of care: see Stocks v Baldwin (1996) 24 MVR 416. This is because motor vehicles are dangerous and likely to cause injury unless great care is taken. However, at the other end of the spectr…
Markaboui v Gardner
[2005] NSWSC 648
Citation 21
…CATCHWORDS: Motor vehicle accident - plaintiff hit whilst crossing an intersection in her wheelchair - traffic signal was green for the driver as he approached the intersection - four wheel drive in the right turn lane which obscured defendant's vision of the plaintiff's wheelchair coming out in fro…
Tobin v Worland
[2005] NSWCA 188
Citation 22
(Para 5)
…AJA dissenting) was dismissed: Derrick v Cheung [1999] NSWCA 341; (1999) 29 MVR 351. The majority referred to passages in Mahoney JA’s judgment in Stocks v Baldwin (1996) 24 MVR 416 at 418 in which his Honour observed that the propensity of pedestrians sometimes to act carelessly occurred with sufficient frequency to req…
Martin v Reda
[2004] QCA 268
Citation 23
(Para 1)
…iews of that majority, and specifically quoted from the reasoning of Meagher JA. The judge distinguished that case, Cook v Hawes [2002] NSWCA 79, and Stocks v Baldwin (1996) 24 MVR 416 , as all being ones where a defendant found guilty of negligence had the opportunity to see the plaintiff at a distance at which a collisi…
Powell v Dillon
[2003] WADC 70
Citation 24
(Para 10)
…His Honour then referred to the judgment Mason J in Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47 - 48 and the judgment of Mahoney P in Stocks & Anor v Baldwin (1996) 24 MVR 416 at 420. He went on to observe that the duty of care of a driver of a motor vehicle involves a duty to persons who may themselves be careless and r…
Ma v Keane
[2003] NSWCA 50
Citation 25
…The Nominal Defendant (1999) 29 MVR 107 Cotton v Commission for Road Transport and Tramways (1942) 43 SR (NSW) 66 Derrick v Cheung (2001) 181 ALR 301 Stocks v Baldwin (1966) 24 MVR 416 Schieb v Abbott (1998) 27 MVR 285 PARTIES : Xiu Lan Ma - Appellant Tracey Amanda Keane - Respondent FILE NUMBER(S): CA 40174/02 COUNSEL: A…
Wickham v Walker
[2002] WADC 167
Citation 26
…de News Pty Ltd & Anor; Ronci v TVW Enterprises Ltd & Ors, unreported; FCt SCt of WA; Library No 960340; 21 June 1996 Still v Baldwin [2000] WADC 165 Stocks v Baldwin (1996) 24 MVR 416 Thomas v O'Shea (1989) A Tort Rep 82-251 Triggell v Pheeney (1951) 82 CLR 497 Tubemakers of Australia Ltd v Fernandez (1976) 50 ALJR 720 V…
David Jones Ltd v Bates
[2001] NSWCA 233
Citation 27
…Jones v Bartlett (2000) 75 ALJR 1 Littler v Liverpool Corporation [1968] 2 All ER 343 Phillis v Daly (1988) 15 NSWLR 65 Rasic v Cruz [2000] NSWCA 66 Stocks v Baldwin (1996) 24 MVR 416 Turner v South Australia (1982) 56 ALJR 839 Ward v Tesco Stores Ltd [1976] 1 WLR 810 Wyong Shire Council v Shirt (1980) 146 CLR 40 DECISIO…
Sung v Patterson
[2001] NSWCA 210
Citation 28
…dent - pedestrian hit by car whilst running across road at crossing controlled by lights - whether respondent had time to avoid accident CASES CITED: Stocks v Baldwin (1996) 24 MVR 416 Clarke v Freund (1999) 29 MVR 361 DECISION: Appeal dismissed with costs.…
Needham v Divitini
[2001] WADC 43
Citation 29
(Para 11)
…His Honour then referred to the judgment Mason J in Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47 ‑ 48 and the judgment of Mahoney P in Stocks & Anor v Baldwin (1996) 24 MVR 416 of 420. He went on to observe that the duty of care of a driver of a motor vehicle involves a duty to persons who may themselves be careless and r…
Derrick v Cheung
[1999] NSWCA 341
Citation 30
…reet where children might be playing. 15 The decision of Mahoney P, Sheller JA and Simos AJA in Stocks v Baldwin (1996) 24 MVR 416 has often been cited and was cited in this appeal. It is a valuable authority. The reasons for judgment of Mahoney P, with whom Sheller JA agreed, contain a helpful analysis of the principles…
Rowes Bus Service Pty Ltd v Cowan
[1999] NSWCA 268
Citation 31
…ted, Queensland Court of Appeal, 22 December 1998) Wyong Shire Council v Shirt (1979-1980) 146 CLR 40 Pyrenees Shire Council v Day (1998) 192 CLR 330 Stocks v Baldwin (1996) 24 MVR 416 Yu v Yu (1998) 26 MVR 509 Mitchell v GIO (1992) 15 MVR 369 Macquarie Pathology Services Pty Ltd v Sullivan (unreported, Court of Appeal, 2…
Managrave v Vrazalica
[1999] NSWCA 242
Citation 32
…6 Nominal Defendant v Heath (1998) 27 MVR 302 Pennington v Norris (1956) 96 CLR 10 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492 Stocks v Baldwin (1996) 24 MVR 416 Wyong Shire Council v Shirt (1980) 146 CLR 40 DECISION: Appeal dismissed with costs; Cross-Appeal upheld with costs; By consent order the…
Harper v Blake
[1999] NSWCA 224
Citation 33
…espatch Company [1962] QWN 26 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Schieb v Abbott (1998) 27 MVR 285 Stewart v Carnell (1984) 2 MVR 147 Stocks v Baldwin (1996) 24 MVR 416 DECISION: Appeal allowed…
O'Brien v NM Rothschild Aust Ltd
[1999] NSWCA 211
Citation 34
…Connery & Partners, Sydney CATCHWORDS: Absence negligence in driver - Pedestrian seated on median strip on Pacific Highway at midnight. CASES CITED: Stocks v Baldwin (1926) 24 MVR 416 DECISION: Appeal dismissed with costs…
Albert v Nominal Defendant
[1999] NSWCA 73
Citation 35
…DS: Negligence; Contributory negligence. CASES CITED: Podrebersek v Australian Iron & Steel Pty Ltd (1985) ALJR 492 Schieb v Abbott (1998) 27 MVR 285 Stocks v Baldwin (1996) 24 MVR 416 Tsuji v Metromix Pty Ltd (unreported CA 17/12/98) DECISION: Dismissed with costs…
Madigan v Hughes
[1999] NSWSC 183
Citation 36
…ants Phillips Fox - 3rd Defendant CATCHWORDS: ACTS CITED: Motor Accidents Act CASES CITED: Sibley v Kais (1967) 118 CLR 424 Yu v Yu (1996) 26 MVR 509 Stocks & Anor v Baldwin (1996) 24 MVR 416 West v GIO (1981) 148 CLR 62 at 66 DECISION: Verdict and Judgment for plaintiff as and against the 1st and 2nd defendants with 40% contrib…
Ross v Hamilton
[1997] QSC 170
Citation 37
…Applying the principles discussed above, I have concluded that the plaintiff’s statements to Mrs Harris are admissible as forming part of the res gestae . The plaintiff was lying on the roadway in the position in which he had fallen when, within three to five minutes after being struck by the defend…
Southern v Townsend
[2000] WADC 233
Citation 38
(Para 5)
…to cause any or any significant injury or damage to others. See Patallo v Thomas (1984) 1 MVR 359, 360; Walker v McCall (1994) 20 MVR 146 at 149 and Stocks v Baldwin (1996) 24 MVR 415 at 418.…