The Commonwealth of Australia v. Ferguson, J.M. & Ors [1985] FCA 65

The Commonwealth of Australia v. Ferguson, J.M. & Ors [1985] FCA 65

Both the negligent act of Ferguson (driving) and the negligent omission of Dr Chalmers (medical care) caused the death, establishing liability against both under the Compensation (Fatal Injuries) Act; contribution and apportionment between tortfeasors was appropriate. The Commonwealth was liable for damages despite injury being inevitably death-producing without timely medical intervention, and apportionment was not to be disturbed.

Parties
Appellant/third Defendant (g4); Respondent/third Defendant (g5): THE COMMONWEALTH OF AUSTRALIA; First Respondent/plaintiff (g4): JUDITH MARTIN; Second Respondent/first Defendant (g4); Appellant/first Defendant (g5): EILEEN MARGARET FERGUSON; Third Respondent/second Defendant (g4); Appellant/second Defendant (g5): MICHAEL JAMES O'REILLY
Jurisdiction
Australia
Judgment Date
06 March 1985
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Both appeals dismissed
Legal Topics
Negligence, Causation, Contribution Between Tortfeasors, Wrongful Death, Apportionment of Liability
Tort Law Medical Negligence Personal Injury Negligence Causation Contribution Between Tortfeasors Wrongful Death Apportionment of Liability

Case Brief

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Parties

THE COMMONWEALTH OF AUSTRALIA

Appellant/third Defendant (g4); Respondent/third Defendant (g5)

JUDITH MARTIN

First Respondent/plaintiff (g4)

EILEEN MARGARET FERGUSON

Second Respondent/first Defendant (g4); Appellant/first Defendant (g5)

MICHAEL JAMES O'REILLY

Third Respondent/second Defendant (g4); Appellant/second Defendant (g5)

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether death caused by negligence of medical practitioner can be subject of action under fatal accidents legislation against both original tortfeasor and medical practitioner
  2. 2 Whether contribution and apportionment between tortfeasors is available
  3. 3 Whether medical negligence constituted a novus actus interveniens

Ratio Decidendi

Both the negligent act of Ferguson (driving) and the negligent omission of Dr Chalmers (medical care) caused the death, establishing liability against both under the Compensation (Fatal Injuries) Act; contribution and apportionment between tortfeasors was appropriate. The Commonwealth was liable for damages despite injury being inevitably death-producing without timely medical intervention, and apportionment was not to be disturbed.

Court Disposition

Both appeals dismissed

Orders

  • The appeal by the Commonwealth (NT G4 of 1984) be dismissed.
  • The Commonwealth pay the costs of the first respondent of and incidental to the appeal (NT G4 of 1984), otherwise no order as to costs.