Hunt v Watkins & Ors - 40740/02; Watkins v GRE (UK) Ltd & Ors - 40696/02 [2003] NSWCA 155

Hunt v Watkins & Ors - 40740/02; Watkins v GRE (UK) Ltd & Ors - 40696/02 [2003] NSWCA 155

By majority, leave to appeal was refused in both matters. In Ms Hunt's application, although some reasons given by the trial judge could not be supported, other findings were open on the evidence and were sufficient to sustain judgment for Mr Watkins: the plaintiff's recollection was unreliable, the evidence did not establish the alleged puddle or that water caused the accident, and breach of duty was not proved. In Mr Watkins' application, he failed to prove any entitlement to indemnity or other benefit under his father's public liability policy because the policy terms were not in evidence and there was no proof that he was an insured, a beneficiary, an owner insured under the policy,...

Jurisdiction
Australia
Judgment Date
31 October 2003
Procedural Posture
Summonses for Leave to Appeal / Court of Appeal From Decisions of Delaney DCJ in the District Court
Outcome
Leave to appeal refused in both summonses; claimants ordered to pay opponents' costs.
Legal Topics
['dodgem Car Accident' 'breach of Duty and Causation' 'public Liability Insurance' 'indemnity Under Insurance Policy' 'leave to Appeal' 'fresh Evidence' 'costs of Cross Claim']
['negligence' 'insurance' 'civil Procedure' 'costs'] ['dodgem Car Accident' 'breach of Duty and Causation' 'public Liability Insurance' 'indemnity Under Insurance Policy' 'leave to Appeal' 'fresh Evidence' 'costs of Cross Claim']

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Procedural Posture

Summonses for Leave to Appeal / Court of Appeal From Decisions of Delaney DCJ in the District Court

Legal Issues

  1. 1 ['Whether the operator of a dodgem car rink was negligent where a passenger was injured after the car allegedly slid on water on the rink.' "Whether errors in the trial judge's reasons affected the judgment for the defendant on negligence." "Whether Paul David Watkins proved an entitlement to indemnity or other benefit under his father's public liability policy." 'Whether the insurers could rely on a late notice of contention in resisting leave to appeal on costs.' 'Whether policy conditions should be admitted as fresh evidence after the summonses had been fully heard.']

Ratio Decidendi

By majority, leave to appeal was refused in both matters. In Ms Hunt's application, although some reasons given by the trial judge could not be supported, other findings were open on the evidence and were sufficient to sustain judgment for Mr Watkins: the plaintiff's recollection was unreliable, the evidence did not establish the alleged puddle or that water caused the accident, and breach of duty was not proved. In Mr Watkins' application, he failed to prove any entitlement to indemnity or other benefit under his father's public liability policy because the policy terms were not in evidence and there was no proof that he was an insured, a beneficiary, an owner insured under the policy,...

Court Disposition

Leave to appeal refused in both summonses; claimants ordered to pay opponents' costs.

Orders

  • ['Hunt v Watkins & Ors – 40740/02: Leave to appeal refused.' "Hunt v Watkins & Ors – 40740/02: Claimant to pay opponents' costs." 'Watkins v GRE (UK) Ltd & Ors – 40696/02: Leave to appeal refused.' "Watkins v GRE (UK) Ltd & Ors – 40696/02: Claimant to pay opponents' costs."]