NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Pallier v Solomons (No 2) [2014] NSWSC 1524 Hearing dates: 25 - 28 August 2014 Decision date: 11 November 2014 Jurisdiction: Common Law Before: Hamill J Decision: Verdict for the plaintiff (with no reduction for contributory negligence) in the sum of $1,638,062.00 Defendant to pay the plaintiff's costs. Catchwords: CIVIL LAW - Contributory negligence - where plaintiff travels with driver who was under the influence of alcohol - defendant's negligence admitted - extent of impairment where relatively low blood alcohol concentration - whether reasonable person ought to have known driver was impaired - where driver deliberately drove off the roadway to scare passengers - whether foreseeable or significant risk - plaintiff a minor - where plaintiff forced to leave remote premises due to aggressive conduct of host - just and equitable apportionment Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Asim v Penrose & anor [2010] NSWCA 366 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Gordon v Truong [2014] NSWCA 97 Gray v Richards [2014] HCA 40 Luxton v Vines (1952) 85 CLR 352 Neat Holding Pty Ltd v Karajan Holding Pty Ltd (1992) 67 ALJR 170 Briginshaw v Briginshaw (1938) 60 CLR 336 Nicholson v Nicholson (1994) 35 NSWLR 308 Nominal Defendant v Green [2013] NSWCA 219 Pallier v Solomons [2014] NSWSC 1214 Palmer v Dolman [2005] NSWCA 361 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 T and X Company Pty Ltd v Chivas [2014] NSWCA 235 Texts Cited: Review of the Law of Negligence: Final Report (September 2002) Category: Principal judgment Parties: Charles John Kavanagh Pallier (Plaintiff) Trent Leigh Solomons (Defendant) Representation: Counsel: P W Taylor SC (Plaintiff) S Hickey (Plaintiff) K P Rewell SC (Defendant) Solicitors: Lyons Barnett Kennedy (Plaintiff) J M Crestani & Associates (Defendant) File Number(s): 2012/285218 Publication restriction: Nil
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