Vines v Djordjevitch [1955] HCA 19

Vines v Djordjevitch [1955] HCA 19

The burden of proving compliance with the notice requirement imposed by the statutory proviso lies on the plaintiff. Having regard to her circumstances, including her incapacity, lack of English, and reliance on police advice, it was open to the jury to find that the plaintiff gave notice as soon as possible after knowing the identity of the car could not be established. The notice was therefore held valid, and the appeal was dismissed.

Parties
Appellant/defendant: Ernest Edward Vines; Respondent/plaintiff: Olga Djordjevitch
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria to the High Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Personal Injury, Notice Requirements, Burden of Proof
Tort Law Statutory Interpretation Negligence Personal Injury Notice Requirements Burden of Proof

Case Brief

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Parties

Ernest Edward Vines

Appellant/defendant

Olga Djordjevitch

Respondent/plaintiff

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria to the High Court of Australia

Legal Issues

  1. 1 Whether the plaintiff gave notice to the Minister as soon as possible after knowing the identity of the motor vehicle could not be established, as required by s. 47(1) of the Motor Car Act 1951 (Vic).
  2. 2 Upon whom the burden of proof rests to prove compliance with the statutory requirement for notice.
  3. 3 The meaning of 'as soon as possible' and 'knew' in the statutory proviso.

Ratio Decidendi

The burden of proving compliance with the notice requirement imposed by the statutory proviso lies on the plaintiff. Having regard to her circumstances, including her incapacity, lack of English, and reliance on police advice, it was open to the jury to find that the plaintiff gave notice as soon as possible after knowing the identity of the car could not be established. The notice was therefore held valid, and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.