Federal Court of Australia
a
JUDGMENT No. (104, Sa
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G85 of 1986 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: STEPHEN ROBERT HYDE Appellant AND: DERRICK ALAN JONES
Respondent
ORDER
Gallop, Sheppard and Neaves JJ.
Judges Making Order
Date of Order 5 November 1987.
Where Made
Canberra.
THE COURT ORDERS THAT:
(1) The appeal be allowed, the judgment appealed from set aside and the proceedings remitted to the Supreme Court of the Australian Capital Territory for further hearing.
(2) The plaintiff pay the defendant's costs of the appeal and that the costs of the first trial abide the result of the further hearing.
Note: Settlement and entry of orders is dealt with 2D Order 36 of the Federal Court Rules.
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FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTAY
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G85 of 1986 DISTRICT REGISTRY
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GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: STEPHEN ROBERT HYDE Appellant AND: DERRICK ALAN JONES
Respondent
CORAM: Gallop, Sheppard and Neaves JJ.
DATE: 5 November 1987.
REASONS FOR JUDGMENT
THE COURT
This is an appeal by an unsuccessful defendant against an award of damages made by the Supreme Court of the Australian Capital Territory 1n respect of a claim for damages for personal injuries arising out of a motor vehicle accident on 7 July 1982. The action was heard on 1 December 1986 and judgment delivered the next day. The cause of
action was in negligence and arose out of a collision in
Gladstone Street, Fyshwick.
Particulars of negligence alleged by the plaintiff
were set out in the statement of claim and those of particular importance in the opinion of the trial judge
were:
(a) (b)
(d)
2.
failing to keep any sufficient look out;
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