NSW Caselaw
Reported Decision: (2007) Aust Torts Reports 81-895 Appeal Outcome: Special leave application granted by the High Court - 8 February 2008 (S385/2007); Special leave application referred to the Full Court - 8 February 2008 (S392/2007); Appeal allowed - 28 August 2008 - Imbree v McNeilly; McNeilly v Imbree [2008] HCA 40
New South Wales Court of Appeal
CITATION: McNEILLY v IMBREE [2007] NSWCA 156
HEARING DATE(S): 29 and 30 March 2007
JUDGMENT DATE: 2 July 2007
JUDGMENT OF: Beazley JA at 1; Tobias JA at 16; Basten JA at 49
DECISION: (1) Allow the appeal in part and the cross-appeal in part; (2) Direct the parties to file within 14 days short minutes of orders to give effect to the findings set out by Basten JA at [173]-[180], together with written submissions on any issue (including costs) as to which the parties do not agree.
CATCHWORDS: NEGLIGENCE – duty of care – standard of care owed by inexperienced driver to driving instructor – where knowingly involved in joint criminal activity – whether duty abrogated by voluntary assumption of risk - NEGLIGENCE – contributory negligence – where driving instructor failed to give instructions to inexperienced driver - JURISDICTION – where action is brought in New South Wales with respect to motor vehicle accident occurring in the Northern Territory – whether the law of New South Wales or the Northern Territory applies - CHOICE OF LAW – operation of Motor Accident Compensation Act (NT) s 5 – effect on choice of law rules - DAMAGES – gratuitous domestic assistance – household improvements
Judiciary Act 1903 (Cth), s 80 Interpretation Act 1987 (NSW), s 12 Motor Vehicles (Third Party Insurance) Act 1942 (NSW), s 14 Road Transport (General) Act 1999 (NSW), s 10 LEGISLATION CITED: Workers Compensation Act 1987 (NSW), ss 60AA, 151F, Div 3, Pt 5 Workers Compensation Act 1999 (NSW), ss 122, 123, Ch 5 Motor Accident Compensation Act (NT), ss 5, 7, 9, 13, 17, 41, Part III Motor Vehicles Act (NT), Pt V Law Reform (Contributory Negligence) Act 1945 (UK)
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