Court of Appeal (Qld)|2001-07-20|Before: McMurdo P, Thomas JA, Muir JSeparate reasons for judgment of each, member of the court, McMurdo P and Thomas JA concurring as to the order made, Muir J dissenting
McMurdo P, Thomas JA, Muir JSeparate reasons for judgment of each, member of the court, McMurdo P and Thomas JA concurring as to the order made
Catchwords
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE
– DAMAGE – CAUSATION – GENERALLY – where
plaintiff nurse
suffered injury when psychiatric patient became aggressive - whether
Source
Original judgment source is linked above.
Catchwords
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE– DAMAGE – CAUSATION – GENERALLY – whereplaintiff nursesuffered injury when psychiatric patient became aggressive - whetherdefendant’s failure to warn ward staffof patient’s impendingarrival and to ensure staff were present to greet and calm patient caused theinjury ––whether trial judge erred in drawing inference that theincident would not have occurred if usual patient transfer system were followed– whether Betts v Whittingslowe applied correctly TORTS– NEGLIGENCE – PROOF OF NEGLIGENCE – GENERALLY – whereconflicting evidence as to usual system of patienttransfer – whetherconclusion that failure to have staff to greet and calm the patient would haveprevented the injury wassupported by the evidenceBendix Mintex PtyLtd v Barnes (1997) 42 NSWLR 307, citedBennett v Minister ofCommunity Welfare [1992] HCA 27(1992) 176 CLR 408, discussedBetts v
Whittingslowe [1945] HCA 31
(1945) 71 CLR 637, discussed, appliedChappel v Hart
(1998) 195 CLR 232, discussedCook on Gas Products Pty Ltd v Kelly
[1999] NSWCA 270
CA 41055 of 1998, 26 July 1999, citedHawthorne v Thiess
Contractors Pty Ltd [2001] QCA 233
Appeal No 5605 of 2000, 8 June 2001,
consideredHill-Douglas v Beverley [1998] QCA 435
Appeal No 2829 of
1998, discussedJones v Dunkel [1959] HCA 8
(1959) 101 CLR 298, citedLuxton
v Vines [1952] HCA 19
(1952) 85 CLR 352, citedMarch v Stramare (E & MH) Pty
Ltd [1991] HCA 12
(1991) 171 CLR 506, approvedNaxakis v West General Hospital
NSWLR 262, approvedSutherland Shire Council v Heyman [1985] HCA 41
(1985) 157 CLR
424, citedVyner v Waldenberg Bros Ltd (1946) 61 TLR 545, referred
toWylie v ANI Corporation Ltd [2000] QCA 314
Appeal No 4092 of 1999,
4 August 2000, referred to
Judgment (18 paragraphs)
[1]
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DAMAGE - CAUSATION - GENERALLY - where plaintiff nurse suffered injury when psychiatric patient became aggressive - whether defendant's failure to warn ward staff of patient's impending arrival and to ensure staff were present to greet and calm patient caused the injury -- whether trial judge erred in drawing inference that the incident would not have occurred if usual patient transfer system were followed - whether Betts v Whittingslowe applied correctly
[2]
TORTS - NEGLIGENCE - PROOF OF NEGLIGENCE - GENERALLY - where conflicting evidence as to usual system of patient transfer - whether conclusion that failure to have staff to greet and calm the patient would have prevented the injury was supported by the evidence