Mitchell Green v The Nominal Defendant Twilia Rose Campbell v The Nominal Defendant James Golding v The Nominal Defendant [2012] NSWDC 37

District Court New South Wales

Medium Neutral Citation: Mitchell Green v The Nominal Defendant Twilia Rose Campbell v The Nominal Defendant James Golding v The Nominal Defendant [2012] NSWDC 37 Hearing dates: 19 - 26 March 2012 Decision date: 18 April 2012 Before: Judge M Sidis Decision: 1.Mr Campbell owed a duty of care to the plaintiffs, Twilia Campbell, James Golding and Mitchell Green. His breach of that duty of care caused the accident that occurred on 17 October 2008. 2.There was contributory negligence on the part of each of the plaintiffs. 3.Ms Campbell's damages are to be reduced by 35% to take account of her contributory negligence. 4.Mr Golding's damages are to be reduced by 40% to take account of his contributory negligence. 5.Mr Green's damages are to be reduced by 40% to take account of his contributory negligence. 6.The exhibits will be retained pending the outcome of the balance of the proceedings. 7.The parties are to agree on short minutes addressing the judgment and any ancillary orders and to submit those short minutes by consent by 4 pm on Monday, 30 April 2012. 8.If the parties are unable to agree upon the terms of the short minues, they are to exchange and submit written submissions concerning the issues in dispute by 4 pm on Monday, 30 April 2012. Any submissions in reply are to be forwarded to the Court by each party by 4 pm on 4 May 2012. Catchwords: Motor Vehicle accident - all parties consumed alcohol - whether driver owed plaintiffs a duty of care - contributory negligence - seat belts not worn - passengers in rear cargo compartment of station wagon - extent to which contributory negligence responsible for very serious injuries - assessment of percentages by which damages to be reduced. Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: The Insurance Commissioner v Joyce (1948) 77 CLR 39; Joslyn v Berryman (2003) 214 CLR 552 Imbree v McNeilly [2008] HCA 40 Miller v Miller [2011] HCA 9 Gala v Preston (1991) 172 CLR 243 Cook v Cook (1986) 162 CLR 376Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALJR Category: Principal judgment Parties: Mitchell Green (Plaintiff) Twilia Rose Campbell (Plaintiff) James Golding (Plaintiff) The Nominal Defendant (Defendant) Representation: Mr J E Sexton SC with Ms H Holz (For James Golding and Mitchell Green) Mr A Stone (For Twilia Rose Campbell) Mr P Cummings (For the Nominal Defendant) Bale Boshev Lawyers (For James Golding and Mitchell Green) Stacks, The Law Firm (For Twilia Campbell) Moray & Agnew Solicitors (For The Nominal Defendant) File Number(s): (2010/289357); (2010/1545352); (2010/292819)