Jausnik v Nominal Defendant (No 5)

[2016] ACTSC 306

Supreme Court of the ACT18 October 2016

Built by Barristers,
For Australian Law.

1. Torts
2. › Negligence
3. › Police involved in pursuit of fleeing vehicle across NSW/ACT border
4. › Failure to comply with police protocols for safe driving and cross-border pursuits
5. › Passenger in police vehicle suffering mental harm arising from attending scene of accident arising from police pursuit
6. › Liability of State of New South Wales for failure to provide training in use of radios and cross-border pursuit protocols
7. › Liability of police driver for injury to passenger
1. Choice of Law
2. › Statutory contribution between tortfeasors
3. › Accident in the Territory following police pursuit from New South Wales
4. › Claim for contribution by ACT Nominal Defendant against New South Wales police office and State of New South Wales
5. › Characterisation of apportionment legislation
6. › Applicable choice of law rule.
1. Torts
2. › Causation
3. › Police pursuit of driver cross border
4. › Pursued driver involved in fatal accident
5. › Whether pursued driver would have avoided accident if pursuit terminated earlier
6. › Expert evidence based on aggregate statistics
7. › Whether likely conduct of pursued driver proved on balance of probabilities
8. › Causation not established
1. Torts
2. › Statutory contribution
3. › Nominal defendant liable for conduct of pursued driver who caused an accident
4. › State of New South Wales and police officer also negligent
5. › Contingent assessment of appropriate contribution