Hahn v Conley [1971] HCA 56

High Court of Australia Barwick C.J. McTiernan, Menzies, Windeyer and Walsh JJ. Hahn v Conley [1971] HCA 56

ORDER Special leave to appeal granted. Appeal allowed with costs. Order of the Full Court of the Supreme Court of South Australia set aside and in lieu thereof order that the appeal to that Court be allowed with costs and order that the order for contribution by the appellant be set aside and in lieu thereof order that the claim of the defendant for indemnity or contribution from the third party be dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Nov. 16 Barwick C.J.

An infant, injured on a road by a moving motor vehicle, by her next friend sued the driver of the vehicle in the Supreme Court of South Australia for damages alleging negligence in the management of the vehicle. She recovered judgment in the action for the sum of $1,388.21 by way of special damages and an amount of general damages to be assessed.

The driver of the motor vehicle, the defendant in the action and the now respondent, by a third party notice claimed indemnity or alternatively contribution from the applicant in respect of the infant's claim on the ground that negligence on the part of the applicant caused or contributed to the accident out of which the plaintiff's claim arose. The learned trial judge concluded that the applicant was negligent in relation to the infant and that that negligence contributed to her injuries. He held the applicant to be responsible for twenty-five per cent of total damages to be awarded for those injuries and declared accordingly. The general damages to be paid to the infant under the judgment have not been assessed.

The applicant claims to be entitled to appeal to this Court as of right from the order of the Supreme Court that he should pay to the respondent twenty-five per cent of the total damages payable by the respondent to the infant; alternatively he seeks leave to appeal from that order. The Court has heard a full argument on the substance of the case and is in a position to dispose of it as upon an appeal.