Gorringe v Transport Commission (Tas) [1950] HCA 6

Gorringe v Transport Commission (Tas) [1950] HCA 6

Section 8(2) of the Roads and Jetties Act 1935-1945 (Tas.) empowers the Transport Commission to maintain highways but does not impose an enforceable duty by action on it to do so. The evidence discloses, at most, non-feasance; no evidence establishes misfeasance or negligent action by the Commission. The trial judge correctly withdrew the case from the jury and judgment was properly entered for the defendant.

Parties
Appellant; Plaintiff: Donald Gorringe; Respondent; Defendant: The Transport Commission (Tasmania)
Jurisdiction
Australia
Procedural Posture
Civil Appeal / Appeal From the Supreme Court of Tasmania (full Court) to the High Court of Australia
Outcome
appeal dismissed
Legal Topics
Negligence of Highway Authority, Statutory Duty to Maintain Roads, Non Feasance Versus Misfeasance, Liability for Road Defects
Tort Law Statutory Interpretation Negligence of Highway Authority Statutory Duty to Maintain Roads Non Feasance Versus Misfeasance Liability for Road Defects

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Parties

Donald Gorringe

Appellant; Plaintiff

The Transport Commission (Tasmania)

Respondent; Defendant

Procedural Posture

Civil Appeal / Appeal From the Supreme Court of Tasmania (full Court) to the High Court of Australia

Legal Issues

  1. 1 Does section 8(2) of the Roads and Jetties Act 1935-1945 (Tas.) impose a statutory duty enforceable by action on the Transport Commission to maintain highways?
  2. 2 Did the defendant commission’s actions amount to misfeasance (negligent repair) or mere non-feasance?
  3. 3 Was there evidence fit to be submitted to the jury establishing negligence or misfeasance by the Commission?

Ratio Decidendi

Section 8(2) of the Roads and Jetties Act 1935-1945 (Tas.) empowers the Transport Commission to maintain highways but does not impose an enforceable duty by action on it to do so. The evidence discloses, at most, non-feasance; no evidence establishes misfeasance or negligent action by the Commission. The trial judge correctly withdrew the case from the jury and judgment was properly entered for the defendant.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.