Jones v Heaphy [2009] NSWDC 3

New South Wales District Court

CITATION: Jones v Heaphy [2009] NSWDC 3

HEARING DATE(S): 18-20,23-25 September 2008, 1-4 December 2008

JUDGMENT DATE: 13 February 2009

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1 Verdict for the plaintiff. DECISION: 2 The proceedings are adjourned to a date to be fixed to deal with issues of costs and interest on past economic loss and for the making of final orders. 3 Reasons published.

CATCHWORDS: MVA - contributory negligence - alcohol, marihuana - extent to which plaintiff was aware or ought to have been aware of defendant's impaired capacity to drive - alleged overstatement of disability.

LEGISLATION CITED: Civil Liability Act 2002 Motor Accidents Compensation Act 1999

Joslyn v Berryman (2003) 214 CLR 552 CASES CITED: Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 Mackenzie v The Nominal Defendant [2005] NSWCA 180 Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALRJ 492

PARTIES: Melissa Joy Jones - Plaintiff Jarrod James Heaphy - Defendant

FILE NUMBER(S): Albury 69/06

COUNSEL: P Webb QC, J G Stewart - Plaintiff P D Ryan - Defendant

SOLICITORS: Gibney & Gunston - Plaintiff Moray & Agnew - Defendant

JUDGMENT

1 At about 2 am on 20 February 2003 Jarrod James Heaphy drove a car at excessive speed through the streets of Culcairn, lost control of it and caused it to collide with a power pole in Edward Street. Melissa Joy Jones was seriously injured. She was a front seat passenger in the car driven by defendant.

2 The accident occurred after the plaintiff, the defendant and a number of other young persons spent the evening and early hours of 19 and 20 February 2003 at an hotel, a private home and the caravan park in Culcairn. They all consumed alcohol and some of them smoked marihuana.