Unwin, Leslie James & Anor v Clarke, Neville Bruce [1984] FCA 215

215 CATCHWORDS

Damages ~- motor vehicle accident — contributory negligence -

Appeal against trial judge's apportionment of responsibility -

Principles of apportionment discussed - appeal dismissed.

Law Reform (Miscellaneous Prcevisions) Act

Pennington v. Norris (1956) 96 CLR 10 Warren v. Coombes (1979) 142 CLR $31 "The Macgregor" (1943) A.C. 197

Muller v. Evans (1982) Od. R. 209

LESLIE JAMES UNWIN AND PAUL UNWIN v. NEVILLE 83RUCE CLARKE

No. NTG 3 of 1984

Muirhead, Toohey & McGregor JJ. Darwin

18 April 1984

Pr opreeh frecepel reps

2617 [su

a eee

IN THE FEDERAL COURT OF AUSTRALIA

) ) NORTHERN TERRITORY ) No. NTG 3 of 1984 DISTRICT REGISTRY ) GENERAL DIVISION )

ON APPEAL from the Supreme Court of the Northern Territory of Australia

BETWEEN:

LESLIE JAMES UNWIN

First Appellant AND: PAUL UNWIN ; Second Appellant AND: ;

NEVILLE BRUCE CLARKE

Respondent ORDER JUDGES MAKING ORDER : Muirhead, Toohey & McGregor JJ. DATE OF ORDER : 18 April 1984 WHERE MADE : Darwin

THE COURT ORDERS THAT

The appeal be dismissed. The appellants shall

pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION

No. NTG 3 of 1984

wee ew

ON APPEAL from the Supreme Court of the Northern Territory of Australia

BETWEEN:

LESLIE JAMES UNWIN

First Appellant AND: PAUL UNWIN

Second Appellant AND: NEVILLE BRUCE CLARKE

Respondent REASONS FOR JUDGMENT CORAM: Muirhead, Toohey & McGregor JJ. 18 April 1984

THE COURT

Shortly before dawn on the 15th October 1979 a road train driven by the respondent came into collision with the rear trailer of a stationary road train which had been brought to a halt by the second appellant in the course of his employment with the first appellant who accompanied him at the time. The vehicles under the control of the respondent consisted of a Mack prime mover and two trailers. As a result of the collision the respondent's vehicles sustained damage. The