Prouten v Chapman & Anor [2020] NSWSC 873

Supreme Court New South Wales

Medium Neutral Citation: Prouten v Chapman & Anor [2020] NSWSC 873 Hearing dates: 6–13, 28, 29 August 2019 Decision date: 17 July 2020 Jurisdiction: Common Law Before: Button J Decision: (1) Verdict and judgment for the defendants. (2) Costs reserved. Catchwords: TORTS – negligence – postal worker allegedly injured whilst riding small motorcycle for work – caravan parked on suburban nature strip with bed extended externally – claimed "jolt" suffered by plaintiff due to unexpected presence of extended bed leading to momentary loss of control of motorcycle – rejection of claim on the facts – rejection of claim with regard to breach of duty of care – rejection of claim with regard to causation of claimed injuries – overarching adverse assessment of credit of plaintiff Legislation Cited: Civil Liability Act 2002 (NSW) ss 5B, 5C, 5D, 5E, 5F, 5R Cases Cited: Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council (2015) 91 NSWLR 752; [2015] NSWCA 320 Category: Principal judgment Parties: Michelle Prouten (Plaintiff) Darren Chapman (Defendant 1) Megan Chapman (Defendant 2) Representation: Counsel: R de Meyrick & J Mrsic (Plaintiff) R A Cavanagh SC & O Dinkha (First and second defendants)

Solicitors: JWK Lawyers (Plaintiff) McCabe Curwood (First and second defendants) File Number(s): 2018/4610

Judgment

Introduction 1. The claim for damages founded on negligence made by Ms Michelle Prouten (the plaintiff) against Mr Darren Chapman and Mrs Megan Chapman (unless greater differentiation is required, the defendants) is based on the following assertions.