Craig Andrew ELLIOTT v COMMONWEALTH OF AUSTRALIA [2003] NSWSC 521

New South Wales Supreme Court

CITATION : Craig Andrew ELLIOTT v COMMONWEALTH OF AUSTRALIA [2003] NSWSC 521 HEARING DATE(S) : 03/03/2003 to 19/03/2003 JUDGMENT DATE : 31 July 2003 JURISDICTION: Common Law JUDGMENT OF : Foster AJ at 1 DECISION : (Further Directions hearing 9.30am Tuesday, 5 August.)

CATCHWORDS : Damages for injuries sustained, disabilities and consequential losses allegedly occasioned to plaintiff whilst undergoing initial recruit training in the Army. Croft v Commonwealth of Australia, unreported, 8 July 1988 CASES CITED : Groves v Commonwealth of Australia (1982) 150 CLR 113 Zeppelin v Commonwealth of Australia, unreported, 28 March 2002 Shirt v Wyong Shire Council [1978] 1 NSWLR 631 at 641 PARTIES : Craig Andrew Elliott - Plaintiff Commonwealth of Australia - Defendant FILE NUMBER(S) : SC 20467/99 COUNSEL : Mr H. Shore - Plaintiff Mr R.E. Williams QC with Mr B. Skinner - Defendant SOLICITORS : Thomas & Company - Plaintiff Australian Government Solicitor - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

FOSTER AJ

THURSDAY, 31 JULY, 2003

20467/99 Craig Andrew ELLIOTT v COMMONWEALTH OF AUSTRALIA

JUDGMENT 1 HIS HONOUR: These proceedings were commenced in the District Court of New South Wales and were later transferred for hearing to this Court. The plaintiff, Craig Andrew Elliott ("Mr Elliott") sues the defendant, Commonwealth of Australia ("the Army"), to recover damages for injuries, disabilities and consequential losses allegedly occasioned to him in an accident which occurred on 25 February 1987 at the Australian Army Base at Kapooka near Wagga Wagga in New South Wales. Mr Elliott was undergoing initial recruit training at the base, at the time of the accident, having entered the Army as a recruit on 11 February 1987. Whilst running up a hill in a group of other recruits, he slipped, fell forward, and injured his left knee. The nature and extent of that injury and its consequences are the subject of considerable dispute in the case. The defendant also disputes that it incurred any liability to the plaintiff because of this training accident. It is convenient, in the first place, to consider the question of liability.