Morphett, D. v Commonwealth of Australia [1986] FCA 654

CATCHWORDS

NEGLIGENCE - action for damages for personal injury - happening of accident and injury not disputed - conflict of evidence as to location and details of accident - leave to amend Statement of Claim refused - plaintiff failed to prove case at trial because pliaintiff's evidence as to location and details of accident disbelieved - defendant's evidence showing negligence but different location and details of accident preferred - whether necessary to amend pleadings - whether judgment should be given in favour of appellant - whether negligence and contributory negligence - whether new trial

limited to the issue of damages should be ordered.

DALLAS MORPHETT v. COMMONWEALTH OF AUSTRALIA

No. A.C.T. G87 of 1985

Northrop, Miles & Jackson JJ. 14 August 1986 Canberra

—. sbS

7 17

FEDERAL Cou AUSTRALIA

PRINGIPAI REQIST ay

- STEL S87

AT OF

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. A.C.T. G 87 of 1985

DISTRICT REGISTRY

eS

GENERAL DIVISION

ON APPEAL from the Supreme Court of. the Australian Capital Territory

BETWEEN : DALLAS MORPHETT Appellant

AND: COMMONWEALTH OF AUSTRALIA Respondent

MINUTES OF ORDER

JUDGES MAKING ORDER: Northrop, Miles & Jackson JJ. DATE OF ORDER: 14 August 1986 WHERE MADE: Canberra

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The judgment of the Supreme Court of the Australian Capital Territory be set aside.

3. There be a new trial, limited to the issue of damages.

4. The' respondent pay to the appellant his costs of the appeal

and of the trial.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. A.C.T. G 87 of 1985

DISTRICT REGISTRY

GENERAL DIVISION

CORAM:

DATE:

PLACE:

THE COURT:

) ) ) ) ) ) )

ON APPEAL from the Supreme Court of the Australian Capital Territory