Anderson v Eric Anderson Radio & TV Pty Ltd [1965] HCA 61

High Court of Australia Barwick C.J. Kitto, Taylor, Menzies and Windeyer JJ. Anderson v Eric Anderson Radio & TV Pty Ltd [1965] HCA 61

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 1 Barwick C.J.

The appellant sued the respondent in the Metropolitan District Court, Sydney, for damages for personal injuries received in a collision between motor vehicles in a public street in the Australian Capital Territory.

The action was tried by a judge of the District Court and a jury. The jury answered questions put to them by the trial judge and by such answers in substance found the respondent guilty of negligence, the appellant guilty of contributory negligence and apportioned responsibility for the resultant damage as to ninety per cent to the respondent and ten per cent to the appellant.

The trial judge held that the substantive law which he was bound to apply was the law of the Australian Capital Territory in which he included s. 15 of the Law Reform (Miscellaneous Provisions) Ordinance 1955 which prevents a claim for damages for the result of negligence being defeated by a finding of contributory negligence and provides for the reduction of the damage suffered by a claimant to such an extent as the assessing tribunal thinks just and equitable having regard to the claimant's share in the responsibility for such damage.

Consequently, upon the jury's findings, the assessed damages of £2,430 were reduced to £2,187 for which sum judgment was entered for the appellant.

The respondent appealed to the Supreme Court of New South Wales against the judgment entered for the appellant upon the ground that the law which ought to have been applied was that of New South Wales where failure of a plaintiff to take due care for his own safety constitutes a good defence to an action for damages resulting from negligence. The Supreme Court accepted this submission, set aside the judgment of the District Court and entered a verdict for the respondent in the action.