Tralci v Dacton Group Pty Ltd

[2014] VSCA 105

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Appeal from jury verdict
3. › Challenge to jury verdict by unsuccessful plaintiff
4. › Whether verdict open on the evidence
5. › Whether jury bound to find for plaintiff
6. › Competing evidence
7. › Most favourable view of evidence to respondent
1. Tort Law
2. › Negligence
3. › Employer's duty of care
4. › Workplace accident
5. › Whether parking of vehicle constituted breach of duty of care

Quick Take

A jury verdict for the defendant in a workplace negligence case will not be set aside on appeal where the jury was entitled to accept the defendant's evidence on the distance between vehicles and to find that the plaintiff had not discharged the onus of proving negligence, even where the only eyewitnesses to the accident were the plaintiff and his witness. The failure to call a witness does not compel a Jones v Dunkel inference; the jury may but is not bound to draw such an inference.