Federal Court of Australia
"
Master and servant - nealigsnce - casual act
part of
princip
fo. ALS coram:
fellow emploves - question of fact
Le
or nealigence
~- no gm1escicn
Davies,
Sheopard and Eveareiz cs.
L3 Decemper 1334
Canberr
a
cn
ot
IN_ THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TEFRITORY Wo. A.C.T.G. 26 of 1934 DISTRICT PEGISTRY GENERAL DIVISION On Appeal from the Supreme Court of the Australian Capital Territory BETWEEN Appellank THE COMMAS LTH OF SUSTRRLTA
ORDER
JUDGES MAKING ORDER : Davies. Sheppard and Everett JJ.
DATE OF ORDER : 19 December 1984 WHERE MADE : Canberra
THE COURT OPDERS THAT :
l. The appeal he allowed,
2. The judament for the respondent be set aside.
3. There be a new trial on all issues.
4. The costs of the previous trial be reserved to the Judde
hearing the new trial.
1S
The respondent pav the appellant s costs of Ehe appeal.
lL.
IN THE FEDERAL COURT OF AUSTPALTA )
AUSTRALIAN CAPITAL TEFPITORY '
On Sppeal from the Suereme Court of the Australian Capiral Territory
SETWEEN:
MARYANNE GEORGE
Avvellant
AND: THE Oo -jONWEALTH OF AUSTRALIA Defendant
mi CvIFT: This 13 an appeai from a -udament of the fFurreme
+ 2,
-vart if the Australian 'Tapital
2. neqliqence in two separate accidents. They occurred on 2 Anqust 1978 and 9 March 19793 respectivelv. In the alternative the appellant relied only on the cause of action based on the accident which occurred on 2 August 1973 and claimed that the iniuries suffered in the second accident were a consequence of those which she had suffered in the
Tirst,
His Honour found against the appellant on both causes of
action with the result that judament was entered far the
=
respondent. His Honour did not find it necessary to dea with the questions of contributorv negligence, damages or the connection of the injuries suffered on 9 March 1979 with the
accident which happened on 2 Aucust 1978,
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