SCONE ABATTOIRS PTY LTD AND ANOR v WOODS [1997] NSWCA 278

SCONE ABATTOIRS PTY LTD & ANOR v WOODS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER, HANDLEY and COLE JJA 19 March 1997, 19 March 1997 [1997] NSWCA 278

NEGLIGENCE — no principle of principle — appellant liable for costs of fund management breach tortous conduct produced fund requiring management.

Cole JA On 18 October 1996 Grove J entered a judgment in favour of the respondent Stephen Allen Wood in the sum of $2,345,494. His Honour found that the first appellant, Scone Abattoirs Pty Ltd, being the owner of a motor vehicle, and Ross Larkin, the second appellant, being the driver bore responsibility for a collision which occurred between the motor cycle ridden by the respondent and the meat van owned by the first appellant when they collided at about 11.00am on 14 July 1988 The appellants have appealed in relation to both liability and quantum.

LIABILITY

The accident occurred at about 11.00am on 14 July 1988 when the meat van collided with the motor cycle. Grove J noted that the case had been presented upon the basis that if the version of the collision presented on behalf of the plaintiff was correct, there had been a simple rear end collision and negligence had been established. If, however, the defendant's account of events was accepted there would necessarily be judgment for the appellants.

The medical and mental condition of the respondent disabled him from giving evidence concerning the collision. On behalf of the plaintiff there was called a Mr Whyte. He was an independent observer seated on the bonnet of his motor vehicle with an unobstructed view at almost right-angles to the scene of the collision. At the time Orange Grove Road was being upgraded to four lanes. Only the western two lanes were in use, they being sealed. There was one southbound and one northbound lane in use, divided by a painted white line,. Mr Whyte noticed the plaintiff motor cyclist riding south down the gradient in Orange Grove Road at a slow speed. He saw that speed decrease and the motor cycle come to a halt for two or three seconds before it was hit. He also noticed the defendant's truck travelling about four car lengths behind the vehicle and appreciated immediately that it may have difficulty in stopping due to its speed. In fact it did not stop and it collided with the motor cycle.