High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ
GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ
Matter No S43/2008
PAUL ANTHONY IMBREE APPELLANT
AND
JESSIE McNEILLY & ANOR RESPONDENTS
Matter No S392/2007
JESSIE McNEILLY & ANOR APPLICANTS
AND
PAUL ANTHONY IMBREE RESPONDENT
Imbree v McNeilly
McNeilly v Imbree
[2008] HCA 40
28 August 2008
S43/2008 & S392/2007
ORDER
Matter No S43/2008
1. Appeal allowed with costs.
2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 2 July 2007 and 23 July 2007.
3. The parties have 7 days from the date of this order to file and serve agreed minutes of the consequential orders to be made.
4. In default of agreement upon the consequential orders to be made, the parties have 14 days from the date of this order to file and serve written submissions as to the form of consequential orders to be made.
Matter No S392/2007
Application refused with costs.
On appeal from the Supreme Court of New South Wales
Representation
A S Morrison SC with M R Hall and A J Stone for the appellant in S43/2008 and the respondent in S392/2007 (instructed by Abrahms Turner Whelan Family Lawyers)
K P Rewell SC with M A Cleary for the respondents in S43/2008 and the applicants in S392/2007 (instructed by TL Lawyers)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Imbree v McNeilly
Negligence – Standard of care – Definition of standard – Where unskilled and inexperienced driver with passenger who, aware of driver's lack of skill and experience, has undertaken to supervise driving – Whether "special relationship" between driver and supervising passenger such that standard of care required of driver in respect of supervising passenger is merely care reasonably to be expected of unqualified and inexperienced driver in the circumstances, rather than care to be expected of a reasonable driver – Whether Cook v Cook (1986) 162 CLR 376 should still be followed.
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