Partridge v Chick [1951] HCA 67

Partridge v Chick [1951] HCA 67

An action under Part III of the Wrongs Act 1928 (Lord Campbell's Act) may be maintained against the personal representative of a wrongdoer who died before the injured party, by operation of s. 25(6) of the Administration and Probate Act as amended by the Survival of Actions Act 1942, which deems such a cause of action as subsisting for the purposes of survival against the wrongdoer's estate, thereby overcoming the common law rule that the cause of action would be extinguished by the wrongdoer's death before the injured party's death.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Supreme Court of Victoria; Determination of a Point of Law Before Trial
Outcome
Appeal allowed
Legal Topics
['survival of Actions' 'wrongful Death' "lord Campbell's Act" 'personal Representatives']
['torts' 'succession Law'] ['survival of Actions' 'wrongful Death' "lord Campbell's Act" 'personal Representatives']

Case Brief

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Procedural Posture

Appeal / Appeal From Supreme Court of Victoria; Determination of a Point of Law Before Trial

Legal Issues

  1. 1 ["Whether an action under Lord Campbell's Act (Part III of the Wrongs Act 1928) can be maintained against the personal representative of a deceased wrongdoer whose death occurred before that of the injured party."]

Ratio Decidendi

An action under Part III of the Wrongs Act 1928 (Lord Campbell's Act) may be maintained against the personal representative of a wrongdoer who died before the injured party, by operation of s. 25(6) of the Administration and Probate Act as amended by the Survival of Actions Act 1942, which deems such a cause of action as subsisting for the purposes of survival against the wrongdoer's estate, thereby overcoming the common law rule that the cause of action would be extinguished by the wrongdoer's death before the injured party's death.

Court Disposition

Appeal allowed

Orders

  • ["Discharge so much of the Supreme Court's order as dismissed the two specified summonses and entered judgment for the defendant with costs." 'In lieu, declare that the prior death of Leslie Frederick Chick affords the defendant no answer to the plaintiff’s claim under Part III of the Wrongs Act 1928 as amended.'...