Doonan v Beacham [1953] HCA 38

Doonan v Beacham [1953] HCA 38

If on the whole of the admissible evidence the jury can reasonably infer, on the balance of probabilities, that the accident was caused by the defendant's negligence within the scope of the pleaded particulars, a finding for the plaintiff is available even if a specific act or omission among the particulars cannot be identified.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment From High Court on Appeal From Full Supreme Court of Victoria
Outcome
Appeal dismissed with costs
Legal Topics
['negligence' 'directions to Jury' 'particulars of Negligence' 'trial Procedure']
['tort Law'] ['negligence' 'directions to Jury' 'particulars of Negligence' 'trial Procedure']

Case Brief

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Procedural Posture

Appeal / Judgment From High Court on Appeal From Full Supreme Court of Victoria

Legal Issues

  1. 1 ['Whether the evidence provided a case to go to the jury on the issue of negligence within the scope of the particulars' 'Whether plaintiff must prove specific act or omission corresponding to pleaded particulars to succeed']

Ratio Decidendi

If on the whole of the admissible evidence the jury can reasonably infer, on the balance of probabilities, that the accident was caused by the defendant's negligence within the scope of the pleaded particulars, a finding for the plaintiff is available even if a specific act or omission among the particulars cannot be identified.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']