Goodhue v Volunteer Marine Rescue Association Incorporated

[2015] QCA 234

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Proof of negligence
4. › Weight and credibility of evidence
5. › Acceptance of witness evidence
6. › Whether finding of fact supported by evidence
7. › Whether trial judge's preference for one witness over another was open
1. Evidence
2. › [name withheld] v [name withheld] principle
3. › Failure to call witnesses
4. › Whether inference should be drawn from failure to call corroborating witnesses
5. › Whether absence of witnesses diminishes proof already established
1. Appeal
2. › Leave to appeal
3. › District Court of Queensland Act 1967 (Qld), s 118(3)
4. › Whether grounds have reasonable prospects of success
5. › Whether leave should be granted on obiter findings
1. Torts
2. › Negligence
3. › Volunteer organisations
4. › Civil liability of community organisations for acts of volunteers
5. › Civil Liability Act 2003 (Qld), s 39

Quick Take

The [name withheld] v [name withheld] principle does not require a party to call witnesses to corroborate the evidence of a witness already called; where cogent proof exists from a witness who was present, the proof is not diminished by the absence of other witnesses who could have been called. The question whether s 39 of the Civil Liability Act 2003 (Qld) protects community organisations (not just individual volunteers) from vicarious liability for negligent acts of volunteers remains unresolved, with divergent appellate authority acknowledged but not addressed.