MJ SHERRIN PTY LTD v LYNES AND ANOR; LYNES v MJ SHERRIN PTY LTD AND ORS AND CUNNEEN AND CO PTY LTD v LYNES AND ANOR [1992] NSWCA 141

MJ SHERRIN PTY LTD v LYNES AND ANOR; LYNES v MJ SHERRIN PTY LTD AND ORS; CUNNEEN AND CO PTY LTD v LYNES AND ANOR

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE; HANDLEY and SHELLER JJA 19-20 November 1992, 20 November 1992

[1992] NSWCA 141

DAMAGES — JURY VERDICT — UNANIMOUS AND MAJORITY VERDICT — AMBIGUITY.

Clarke JA These appeals arise out of a judgment which was ordered on 24 August 1992. The order for judgment was made following a trial which had taken place in July 1992 during the special sittings of the Court. In the trial Anthony Roy Lynes, the plaintiff, sued M J Sherrin Pty Ltd, the first defendant, Cunneen and Co Pty Ltd, second defendant, and J and B Crane Truck Repairs Pty Ltd trading as Nancarrow Crane Services.

A claim was made for compensation in respect of injuries received by the plaintiff in the course of his employment on 11 September 1984. In the circumstances, and in particular in the light of the course in which the hearing of the appeals has taken, it is unnecessary to refer to the facts which were said by the plaintiff to give rise to his claim.

As Ihave already indicated, he sued three defendants and there were claims for contribution at least between the first and second defendants. In respect of the third defendant, the plaintiff discontinued at an early point. His Honour concluded that there was evidence to support the claims against the first and second defendants and left those claims for consideration by the jury.

The summing up concluded and the jury retired to consider its verdict at 12.54 pm on 24 July 1992. At 2.20 pm the jury forwarded to his Honour some questions in writing, and in due course his Honour answered those questions and gave further directions. At the end of that procedure a speaker for the jury indicated that adequate re-directions had been given. The jury then retired again, this time at 2.46 pm.