NSW Caselaw
New South Wales Supreme Court
CITATION : Sweeney v Thornton [2010] NSWSC 1030
HEARING DATE(S) : 13-27 April 2010
JUDGMENT DATE : 10 September 2010
JUDGMENT OF : Fullerton J
1. Verdict for the plaintiff. DECISION : 2. Damages in accordance with the sum agreed by the parties and in accordance with my finding that there is to be no reduction by reason of the plaintiff's alleged contributory negligence. 3. The defendant is to pay the plaintiff's costs as assessed or agreed, subject to the agreement of the Court.
CATCHWORDS : TORTS - personal injury - plaintiff was learner driver injured when vehicle collided with a tree - whether defendant breached the duty of care he owed as the supervising driver by failing to properly supervise, instruct and direct plaintiff - contributory negligence
Civil Liability Act 2002 LEGISLATION CITED : Evidence Act 1995 Road Transport (Driver Licensing) Act 1998
CATEGORY : Principal judgment
Browne v Dunn (1893) 6 R 67 Chappel v Hart [1998] HCA 55; 195 CLR 232 Fox v Percy [2003] HCA 22; 214 CLR 118 CASES CITED : Hoyts Pty Ltd v Burns [2003] HCA 61; 201 ALR 470 Imbree v McNeilly [2008] HCA 40; 236 CLR 510 Jones v Dunkel (1959) 101 CLR 298 Luxton v Vines (1952) 85 CLR 352 Scalise v Bezzina [2003] NSWCA 362
PARTIES : Madeleine Louise Sweeney BHNF Norma Bell (Plaintiff) Andrew JohnThornton (Defendant)
FILE NUMBER(S) : SC 2008/20362
COUNSEL : B Toomey QC/P Frame (Plaintiff) R Stitt QC/D Wilson/C Gleeson (Defendant)
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