NSW Caselaw
New South Wales Court of Appeal
CITATION: JA & BM Bowden & Sons Pty Ltd v Doughty [2009] NSWCA 82 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 31 March 2009
JUDGMENT DATE: 20 April 2009
JUDGMENT OF: Giles JA at 1; Handley AJA at 37; Sackville AJA at 45
DECISION: (1) Appeal allowed; (2) Set aside the verdict and jugment for the respondent for $535,198 and in lieu thereof verdict and judgment for $278,628; (3) respondent to pay appellant's costs of the appeal and to have a certificate under the Suitors Fund Act if otherwise qualified.
CATCHWORDS: TORTS - negligence - tractor rolled over - driver instructed to keep rollover protection device lowered - driver injured - whether "injury" within Motor Accidents Compensation Act 1999 - owner at fault in giving the instruction - whether fault in use or operation of tractor - (by majority) the use or operation was being driven - not fault in that use or operation.
CATEGORY: Principal judgment
Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; (2005) 221 CLR 568; Brambles Australia Ltd v Sandy [2006] NSWCA 357; (2006) 47 MVR 207; Hooker v Gilling [2007] NSWCA 99; CASES CITED: Inasmuch Community Inc v Bright [2006] NSWCA 99; Nominal Defendant v GLG Australia Pty Ltd [2006] HCA 11; (2006) 228 CLR 529; Portlock v Baulderstone Hornibrook Engineering Pty Ltd [2005] NSWSC 775; Walfertan Processors Pty Ltd v Dever [2006] NSWCA 289. Toll Pty Ltd v Dakic [2006] NSWCA 58;
PARTIES: JA & BM Bowden & Sons Pty Ltd - Appellant Paul Doughty - Respondent
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