HYDEREPAIR PTY LTD v CAMERON [1989] NSWCA 103

HYDEREPAIR PTY LTD v CAMERON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONY, PRIESTLEY and MEAGHER JJA 16 June 1989, 16 June 1989

[1989] NSWCA 103

Appeal from Common Law Division — Motor vehicle collided with car in front — Plaintiff claimed that brakes defective and defective state of brakes was due to employer's failure to exercise proper care in maintenance of vehicle — conflicting evidence as to condition of brakes and whether that condition caused the collision — Plaintiff believed as to how accident happened — Plaintiff and plaintiff's witnesses believed as to how defects caused collision — No issue of principle.

Priestley JA In this appeal Hyderepair Pty Ltd, the defendant at first instance and the appellant in this Court, argues that Wood J was wrong in finding it liable to Mr Cameron, the plaintiff before him, for damage which he suffered in a motor vehicle accident while in the company's employ.

The accident happened on 10 April 1984. Mr Cameron was driving one of the appellant's vans when, coming down a hill towards traffic lights and attempting to stop, the van's brakes, on his account of the matter, did not work and the van ran into the back of the car in front.

Mr Cameron claimed the appellant had been in breach of its duty to him by negligently failing to provide him with a safe vehicle and that he suffered damage as a result. Wood J found in the plaintiff's favour on liability and assessed his damages at $447 644. After deducting the worker's compensation payment he had received, the Judge entered judgment for $386 433.

The appellant asserts it was not guilty of negligence, but if wrong about that does not appeal against the amount awarded. For Mr Cameron a cross-appeal was filed on the ground the damages were inadequate but that cross-appeal has not been pursued.