Sheldrick v Beveridge [2006] NSWDC 189

Reported Decision : 4 DCLR (NSW) 281 Appeal dismissed [2007] NSWCA 105

New South Wales District Court

CITATION: Sheldrick v Beveridge [2006] NSWDC 189 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8, 9, 10 and 11 May 2006

JUDGMENT DATE: 11 May 2006

EX TEMPORE JUDGMENT DATE : 05/11/2006

JURISDICTION: Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Verdict and judgment for the first defendant against the plaintiff; Verdict for the plaintiff against the second defendant; Agreed total damages of $600,000 reduced by 40% for contributory negligence; Judgment for the plaintiff against the second defendant for $360,000; Judgment for the first defendant against the second defendant; Costs to follow these events; Bullock order refused.

CATCHWORDS: NEGLIGENCE - Child on bicycle hit by car when returning home, unsupervised, from a school excursion - Driver not negligent - Teachers and school negligent - Contributory negligence by child - Bullock order refused

Barisic v Devenport [1978] 2 NSWLR 111 Berrigan Shire Council v Ballerini (No 2) [2006] VCSA 65 Chotiputhsilpa v Waterhouse [2005] NSWCA 342 at [13] - [15] Clarke v Friend 29 MVR 361 at [14] Cook v Hawes [2002] NSWCA 79 at [15] Derek v Cheung (2001) 81 ALR 301 at [10] Furber v Stacey (2005) NSWCA 242 at [116] Gunning v Fellows (1997) MVR 97 at p 100 CASES CITED: Knight v McLean [2002] NSWCA 314 at [61] - [68] Martin v Reda (2004) 41 MVR 421 Ohn v Walton (1995) 36NSWLR 77 at 79 Oshlack v Richmond River Council (1998) 193 CLR 72 Podrebersek v Australian Iron and Steel Pty Limited (1985) 59 ALR 529 at 532-3 Rowes Business Service Pty Limited v Cowan [1999] NSWCA 268 at [37] Steward v Carnell (1984) 2 MVR 147 Stocks v Baldwin (1996) 24 MVR 416 at p 418 Williams v Lewer [1974] 2 NSWLR 91 at 95