Lindsay v Neil Earthmoving Pty Ltd [2019] NSWDC 612

Lindsay v Neil Earthmoving Pty Ltd [2019] NSWDC 612

The risk of collision between trucks using the single-width track and the tractor cultivating near it was foreseeable and not insignificant. Mr Collins breached his duty of care by failing to stop or slow well below 20 km/h when he saw the tractor ahead travelling towards the track, and that breach was a necessary condition of the damage. Troy Lindsay also failed to take reasonable care by turning left near the track without visibility despite knowing heavy trucks were using it and despite having GPS information enabling him to slow and check. Responsibility was assessed as equal, with 50% contributory negligence, producing judgment for the plaintiffs for $108,602.28 from agreed damage of...

Jurisdiction
Australia
Judgment Date
01 November 2019
Procedural Posture
Civil Negligence Claim Arising From a Motor Vehicle Accident / Principal Judgment After Hearing
Outcome
Verdict for the plaintiffs; judgment for the plaintiffs in the sum of $108,602.28.
Legal Topics
['breach of Duty' 'causation' 'contributory Negligence' 'vicarious Liability' 'civil Liability Act 2002']
['torts' 'negligence' 'motor Vehicle Accident'] ['breach of Duty' 'causation' 'contributory Negligence' 'vicarious Liability' 'civil Liability Act 2002']

Case Brief

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Procedural Posture

Civil Negligence Claim Arising From a Motor Vehicle Accident / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the tractor damage was caused by the negligence of Dale Thomas Collins.' 'Whether the damage was contributed to by the negligence of Troy Lindsay.' "What precautions a reasonable person in each actor's position would have taken against the risk of collision between the road train and the tractor."]

Ratio Decidendi

The risk of collision between trucks using the single-width track and the tractor cultivating near it was foreseeable and not insignificant. Mr Collins breached his duty of care by failing to stop or slow well below 20 km/h when he saw the tractor ahead travelling towards the track, and that breach was a necessary condition of the damage. Troy Lindsay also failed to take reasonable care by turning left near the track without visibility despite knowing heavy trucks were using it and despite having GPS information enabling him to slow and check. Responsibility was assessed as equal, with 50% contributory negligence, producing judgment for the plaintiffs for $108,602.28 from agreed damage of...

Court Disposition

Verdict for the plaintiffs; judgment for the plaintiffs in the sum of $108,602.28.

Orders

  • ['Verdict for the plaintiffs.' 'Judgment for the plaintiffs in the sum of $108,602.28.' 'The parties are directed to file within 14 days short minutes of order reflecting the appropriate amount of pre-judgment interest on the judgment amount and any agreed order as to costs, or failing agreement, written submissions...