NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court -1 August 2008
New South Wales Court of Appeal
CITATION: AAMI LIMITED v HAIN [2008] NSWCA 46
HEARING DATE(S): 5 March 2008
JUDGMENT DATE: 1 April 2008
JUDGMENT OF: Beazley JA at 1; Tobias JA at 2; McClellan CJ at CL at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: NEGLIGENCE - motor accident - intoxicated driver - injury to passenger - s 138(2)(b) of Motor Accidents Compensation Act 1999 - whether respondent guilty of contributory negligence - whether respondent ought to have been aware of driver's impairment - whether ordinary person would have foreseen that accepting a lift from the driver was exposing them to injury
LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW)
CATEGORY: Principal judgment
CASES CITED: Joslyn v Berryman (2003) 214 CLR 552 McGuire v GIO (1990) 11 MVR 385
PARTIES: AAMI (Appellant) Sean Hain (Respondent)
FILE NUMBER(S): CA CA 40125/07; DC 38/2006
COUNSEL: S G Campbell SC/S E McCarthy (Appellant) I D Roberts SC/ A J Black (Respondent)
SOLICITORS: Curwoods Lawyers (Appellant) Creaghe Lisle (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 38/06
LOWER COURT JUDICIAL OFFICER: Charteris DCJ
LOWER COURT DATE OF DECISION: 2 March 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40125/07 DC 38/2006
BEAZLEY JA TOBIAS JA McCLELLAN CJ at CL
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