PUBLIC TRUSTEE FOR VICTORIA V. VERNON; PUBLIC TRUSTEE FOR VICTORIA V. VERNON AND ANOTHER

IN THE HIGH COURT OF AUSTRALIA

PUBLIC TRUSTEE FOR VICTORIA. _ Ve VERNON v. PUBLIC TRUSTEE FOR VICTORIA Vo

VERNON AND ANOTHER,

REASONS FOR JUDGMENT

Judgment delivered at___ MELBOURNE

'A: Brooks, Government Printer, Malbourne 0.7639/60

Kig rors. yee

We

Appeals disaiseed with costs.

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We

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These tvo appeals are brought fren gadguente of the cuprene Ceart of Victoria (Gavans 7.) in actions instituted by the renpendents in whieh they alained damages from the Public Trastee for Victoria, an aéuinistrater ad liter of the estate of Jchs Joneyh Melahon deceused, for personal injuries sustained as the result of a collision between two moter vehicles on the Pacific Highway between browin and Warpegal., 'The vehicles in question were being driven respectively by the respondent Keith Harolé Vernon and the deceased Jahn Joueph Hellahen, and the respondent Una Grace Vernon, the wife cf Keith Hereld Vernon, vas a passenger in his vebicle. tn the result Keith Harelé Vernon cusccseded in obtaining judguent for £18,520, his wife obtained judguent for £2,280 and a thivd party clin made egainst Keith Eareld Vernon ia the second aetion was dioniaeed.

The wvidence conserning the eanner in which the eallision cecurred vas sceewhat eeanty. daliahen died as @ resalt of the collision ané at the tine of the trial it appeared that toth the respondents were suffering fron eunesia and had no rocollestion of the events leading up te the aceident. Sut there was evicencs upon which the learned trial Judge forned the view that the sole cause of the eeeident was the action of Nuliahen in so driving his vehiale that scae substantial part of it ercssed the

Re '¢ entre Line of the Bitumen strip whieh sonstiteated the asin portion of the highway and that, in the circumstances thea prevailing, this eonstiteted a failare to use due care in the sanagenent of his vehisle,