Doble Express Transport Pty Ltd (Administrator Appointed) v John L Pierce Pty Ltd [2016] NSWCA 352

Doble Express Transport Pty Ltd (Administrator Appointed) v John L Pierce Pty Ltd [2016] NSWCA 352

Both drivers were negligent. Mr Mead's failure to reduce speed in thick fog so as to be able to stop within the visibility limit constituted a breach causative of Pierce's loss; Mr Hukins’ decision to cross northbound lanes in thick fog was also negligent. Apportionment of responsibility (40% to Doble, 60% to Pierce) was appropriate given comparative culpability and the importance of their acts. The appeal failed because Doble’s negligence was a necessary condition for Pierce’s loss and there was sufficient evidence Mr Mead had time to slow to a safer speed.

Parties
Appellant: Doble Express Transport Pty Ltd (Administrator Appointed); Respondent: John L Pierce Pty Ltd
Jurisdiction
Australia
Judgment Date
13 December 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; extension of time granted for filing Notice of Appeal
Legal Topics
Contributory Negligence, Causation, Vehicle Collisions, Apportionment of Liability, Duty of Care
Torts Negligence Contributory Negligence Causation Vehicle Collisions Apportionment of Liability Duty of Care

Case Brief

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Parties

Doble Express Transport Pty Ltd (Administrator Appointed)

Appellant

John L Pierce Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the foggy conditions and poor visibility made it unsafe to cross lanes on the Highway
  2. 2 Whether the speed of the Volvo prime mover was excessive in the fog, precluding avoidance of the collision
  3. 3 Whether the primary Judge erred in finding that any breach of duty by the Appellant was causative of the loss sustained by the Respondent

Ratio Decidendi

Both drivers were negligent. Mr Mead's failure to reduce speed in thick fog so as to be able to stop within the visibility limit constituted a breach causative of Pierce's loss; Mr Hukins’ decision to cross northbound lanes in thick fog was also negligent. Apportionment of responsibility (40% to Doble, 60% to Pierce) was appropriate given comparative culpability and the importance of their acts. The appeal failed because Doble’s negligence was a necessary condition for Pierce’s loss and there was sufficient evidence Mr Mead had time to slow to a safer speed.

Court Disposition

Appeal dismissed; extension of time granted for filing Notice of Appeal

Orders

  • Extend the time for filing a Notice of Appeal until 11 March 2016
  • Appeal dismissed