Worland v Tobin [2004] NSWSC 113

New South Wales Supreme Court

CITATION : Worland v Tobin [2004] NSWSC 113 HEARING DATE(S) : 24/03/2004 - 26/03/2004 JUDGMENT DATE : 7 May 2004

JUDGMENT OF : Hislop J DECISION : Defendant negligent.

CATCHWORDS : Torts - Negligence - Motor vehicle accident - Child pedestrian running from behind parked vehicle - Reasonable response to risk - Opportunity to avoid collision. Derrick v Cheung (2001) 181 ALR 301 Lolomanaia v Rush (Court of Appeal, 15 July 1996, unreported) CASES CITED : Ma v Keane (2003) 38 MVR 212 Mitchell v Government insurance Office (NSW) (1992) 15 MVR 369 Tsuji v Metromix Pty Ltd (Court of Appeal, 20 November 1998, unreported). PARTIES : Zachary Lucas Worland by his tutor John Worland - Plaintiff Teresa Mary Tobin - Defendant FILE NUMBER(S) : SC 20224/00 COUNSEL : Mr RJ Burbidge QC with Mr DJ Price - Plaintiff Mr CRR Hoeben SC - Defendant SOLICITORS : Stacks - The Law Firm - Plaintiff Carroll & O'Dea Solicitors - Defendant

1 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Hislop J

7 May 2004

20224/00 Zachary Lucas Worland by his tutor John Worland v Teresa Mary Tobin

JUDGMENT 1 On 1 December 1991 the plaintiff sustained personal injuries when, whilst crossing Adjin Street Wagga Wagga, he was struck by a car driven by the defendant. The plaintiff was then aged two years and two months (date of birth: 1 October 1989).

2 The plaintiff has brought these proceedings by his tutor to recover damages for such injuries. On 22 September 2003 an order was made pursuant to the Supreme Court Rules 1970, Pt 31 r2 that liability be determined as a separate issue. The order was made with the consent of the parties. This is the determination of that issue.