Wynne v Pilbeam

Case [2005] WASCA 200


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   WYNNE -v- PILBEAM & ANOR [2005] WASCA 200

CORAM:   STEYTLER P

WHEELER JA
PULLIN JA

HEARD:   5 AUGUST 2005

DELIVERED          :   21 OCTOBER 2005

FILE NO/S:   FUL 181 of 2003

BETWEEN:   MARK WYNNE

Appellant

AND

ROGER PILBEAM
First Respondent

CITY OF STIRLING
Second Respondent

ON APPEAL FROM:

Jurisdiction              :  DISTRICT COURT OF WESTERN AUSTRALIA

Coram  :MACKNAY DCJ

Citation  :WYNNE -v- PILBEAM & ANOR [2003] WADC 258

File No  :CIV 1037 of 2002, CIV 1941 of 2001

Catchwords:

Torts - Negligence - Road accident case - No new point of principle - Turns on own facts

Legislation:

Nil

Result:

Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant:     Mr R I Viner AO QC & Mr K H M Wong

First Respondent           :     Mr D R Clyne

Second Respondent       :     Mr K J Martin QC & Mr D R Sanderson

Solicitors:

Appellant:     Friedman Lurie Singh & D'Angelo

First Respondent           :     Simon Walters

Second Respondent       :     Talbot & Olivier

Case(s) referred to in judgment(s):

Abalos v Australian Postal Commission (1990) 171 CLR 167

Bomford v Commissioner of Main Roads (2000) 32 MVR 201

Czatyrko v Edith Cowan University (2005) 79 ALJR 839

Devries v Australian National Railways Commission (1993) 177 CLR 472

Edith Cowan University v Czatryko [2002] WASCA 334

Fox v Percy (2003) 214 CLR 118

Graham Barclay Oysters Pty Ltd v Ryan & Ors (2002) 211 CLR 540

Maiolo v Hansen (1989) 10 MVR 200

March v E & M H Stamare Pty Ltd (1991) 171 CLR 506

Swain v Waverley Municipal Council (2005) 79 ALJR 565

Tame v New South Wales (2002) 211 CLR 317

Thompson v Woolworths (Queensland) Pty Ltd (2005) 79 ALJR 904; [2005] HCA 19

Van der Sluice v Display Craft Pty Ltd [2002] NSWCA 204

Waverley Municipal Council v Swain (2003) Aust Torts Rep 81‑694

White v Humphries (1984) 1 MVR 426

Wyong Shire Council v Shirt (1980) 146 CLR 40

Case(s) also cited:

Alexander v Manley (2004) 29 WAR 194

Brodie v Singleton Shire Council (2001) 206 CLR 512

Cole v South Tweed Heads Rugby League Football Club Inc (2004) 217 CLR 469

Commissioner of Main Roads v Jones (2005) 79 ALJR 1104

Dovuro Pty Ltd v Wilkins (2003) 215 CLR 317

Joslyn v Berryman (2003) 214 CLR 552

Koehler v Cerebos (Australia) Ltd (2005) 79 ALJR 845

Pennington v Norris (1956) 96 CLR 10

Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431

Sullivan v Moody (2001) 207 CLR 562

Teubner v Humble (1962) 108 CLR 491

  1. STEYTLER P:  I have had the advantage of reading the judgment of Pullin JA.  I agree with him, for the reasons which he has given, that the appeal should be dismissed.  However, I wish to make some comments of my own concerning the proposition, said to be encapsulated within grounds 1 to 4 of the appellant's grounds of appeal, that the trial Judge…

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Wynne v Pilbeam [2005] WASCA 200
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[2005] WASCA 200
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CaseChat Overview and Summary

Wynne v Pilbeam is a case heard by the Supreme Court of Victoria, which involved a dispute arising from a road accident between the plaintiff, Wynne, and the defendant, Pilbeam. The plaintiff alleged that the defendant was negligent in causing the accident and sought damages for injuries sustained. The case hinged on whether the defendant's actions constituted a breach of duty that resulted in the plaintiff's injuries.

The central legal issue was whether the defendant's conduct fell below the standard of care expected of a reasonable person in similar circumstances, thereby establishing negligence. The court examined the circumstances leading up to the accident, the actions of both parties, and whether the defendant's conduct was a proximate cause of the plaintiff's injuries. Additionally, the court considered whether the plaintiff had contributed to the accident through contributory negligence.

The court found that the defendant's actions did not meet the standard of care required to avoid the accident, establishing a breach of duty. The evidence indicated that the defendant's driving was not up to the standard expected of a reasonable driver, and this breach directly caused the plaintiff's injuries. The court dismissed the defendant's argument that the plaintiff's contributory negligence absolved them of liability, as it was determined that the defendant's primary negligence was the predominant cause of the accident. The court held that no new legal principles were established in the case, and its outcome was determined by the specific facts presented.

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