Terry v Leventeris

(2011) 109 SASR 358; [2011] SASCFC 26

South Australia Full Court

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Interrogate

Catchwords

1. Appeal
2. › General principles
3. › Interference with judge's findings of fact
4. › Functions of appellate court
5. › Where findings based on credibility of witnesses
6. › Whether delay in delivering judgment weakens trial judge's advantage
1. Tort Law
2. › Negligence
3. › Motor vehicle collision
4. › Duty of following driver
5. › Whether following driver negligent in failing to maintain safe distance
6. › Whether plaintiff contributorily negligent in emergency braking
1. Damages
2. › Personal injuries
3. › Past gratuitous services
4. › Assessment of quantum
5. › Whether services reasonably required
6. › Whether necessary to engage paid services
7. › Wrongs Act 1936 (SA), s 24H(3)
8. › Civil Liability Act 1936 (SA), s 58
1. Practice and Procedure
2. › Judgments and orders
3. › Antedating judgment (nunc pro tunc)
4. › Whether judgment may be antedated to before death of plaintiff to preserve claim for non-economic loss
5. › District Court Rules 1992 (SA), r 84.02(3)

Quick Take

The case confirms that a 15-month delay between trial and judgment does not of itself constitute a ground of appeal, particularly where detailed reasons are provided. It reaffirms the heavy duty on following drivers to maintain safe distance and speed. The power to antedate a judgment nunc pro tunc cannot be used to recreate substantive rights (such as non-economic loss) that have been extinguished by the plaintiff's death, following [name withheld] v [name withheld].