Federal Court of Australia
SUPREME COURT OF NORFOLK ISLAND
Smith v Edward [2006] NFSC 4
NEGLIGENCE – Motor accident – Plaintiffs were run down by a motor vehicle driven by first defendant – Whether accident was caused by the negligent driving of first defendant – Whether negligence of plaintiffs contributed to the accident – Whether Administration of Norfolk Island, the second defendant, owed a duty of care to plaintiffs to provide a constructed footpath and/or street lighting – Whether Administration breached any such duty – Liability established against first defendant, with no contributory negligence, but not against second defendant. PATRICK THOMAS SMITH v JOHN GEORGE EDWARD and ADMINISTRATION OF NORFOLK ISLAND SC7 of 2004 LORRAINE RUTH SMITH v JOHN GEORGE EDWARD and ADMINISTRATION OF NORFOLK ISLAND SC8 of 2004 ANDREA LEANNE SMITH v JOHN GEORGE EDWARD and ADMINISTRATION OF NORFOLK ISLAND SC9 of 2004 WILCOX J 22 MARCH 2006 SYDNEY (HEARD IN NORFOLK ISLAND)
IN THE SUPREME COURT
OF NORFOLK ISLAND SC7 of 2004
BETWEEN: PATRICK THOMAS SMITH
PLAINTIFF
AND: JOHN GEORGE EDWARD
FIRST DEFENDANT
ADMINISTRATION OF NORFOLK ISLAND
SECOND DEFENDANT
JUDGE: WILCOX J
DATE OF ORDER: 22 MARCH 2006
WHERE MADE: SYDNEY (HEARD IN NORFOLK ISLAND)
THE COURT ORDERS THAT: 1. Within 21 days, the parties file draft orders giving effect to the Reasons for Judgment published today and the agreement between them concerning the quantum of the plaintiff's damages.
IN THE SUPREME COURT
OF NORFOLK ISLAND SC8 of 2004
BETWEEN: LORRAINE RUTH SMITH
PLAINTIFF
AND: JOHN GEORGE EDWARD
FIRST DEFENDANT
ADMINISTRATION OF NORFOLK ISLAND
SECOND DEFENDANT
JUDGE: WILCOX J
DATE OF ORDER: 22 MARCH 2006
WHERE MADE: SYDNEY (HEARD IN NORFOLK ISLAND)
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