Trustees of the Christian Brothers v Cardone

This appeal arose from a negligence claim brought by the respondent, Enzo Cardone, against the appellant, Trustees of the Christian Brothers. Cardone claimed damages for injuries sustained at St Edmund's College, where he was a student. The main issues for the court were whether the trial judge should have disqualified himself on grounds of bias, the liability of the Trustees, contributory negligence, and the adequacy of damages awarded. The trial judge, Higgins J., found the Trustees liable for negligence and awarded damages, which the Trustees appealed. Cardone cross-appealed the adequacy of the general damages award.

The court held that the trial judge's decision not to disqualify himself was not erroneous. The association of the judge with the school, where he had been a pupil and was the Chairman of the School Board, did not create a reasonable apprehension of bias. The judge's full disclosure of his connection and the parties' waiver of the objection to his presiding over the case were sufficient to dispel any apprehension of bias. On the merits, the court found no error in the trial judge's findings of negligence, contributory negligence, and damages. However, the court agreed with Cardone's cross-appeal that the award for general damages was insufficient and increased it to $50,000.

The court dismissed the appeal and allowed the cross-appeal, increasing the award for general damages to $50,000, with $20,000 attributable to the future. The appellant was ordered to pay the respondent's costs of the appeal and cross-appeal.