Partridge v Chick [1951] HCA 67

Partridge v Chick [1951] HCA 67

Section 25(6) of the Administration and Probate Act 1928 (as amended by the Survival of Actions Act 1942) deems that a cause of action subsisted against the estate of a wrongdoer who dies before the damage (the death leading to the relatives' loss) so as to permit recovery under Part III. of the Wrongs Act 1928. Thus, an action for damages will lie against the estate of a wrongdoer in such circumstances.

Parties
Plaintiff: Ruth Ellen Partridge; Defendant: Walter Thomas Chick
Jurisdiction
Australia
Judgment Date
05 November 1951
Procedural Posture
Tort—negligence—fatal Accident / Appeal From the Supreme Court of Victoria, Determination of a Point of Law Prior to Trial
Outcome
Appeal allowed
Legal Topics
Negligence, Survival of Actions, Wrongful Death, Administration of Estates
Tort Law Probate Law Negligence Survival of Actions Wrongful Death Administration of Estates

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Parties

Ruth Ellen Partridge

Plaintiff

Walter Thomas Chick

Defendant

Procedural Posture

Tort—negligence—fatal Accident / Appeal From the Supreme Court of Victoria, Determination of a Point of Law Prior to Trial

Legal Issues

  1. 1 Whether an action under Lord Campbell's Act (Part III. of the Wrongs Act 1928 (Vict.)) will lie against the personal representative of a deceased person whose death occurred before that of the person in respect of whose subsequent death the action is brought
  2. 2 Whether the combined effect of s. 25 of the Administration and Probate Act 1928 (as amended) and ss. 15, 16 of the Wrongs Act 1928 supports the action

Ratio Decidendi

Section 25(6) of the Administration and Probate Act 1928 (as amended by the Survival of Actions Act 1942) deems that a cause of action subsisted against the estate of a wrongdoer who dies before the damage (the death leading to the relatives' loss) so as to permit recovery under Part III. of the Wrongs Act 1928. Thus, an action for damages will lie against the estate of a wrongdoer in such circumstances.

Court Disposition

Appeal allowed

Orders

  • Discharge the order of the Supreme Court which dismissed the plaintiff's summonses and entered judgment for the defendant.
  • In lieu, declare that the death of Leslie Frederick Chick before George Frederick Partridge affords no answer to the plaintiff's claim under Part III. of the Wrongs Act 1928.