Imbree v McNeilly

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJMatter No S43/2008PAUL ANTHONY IMBREE  APPELLANTANDJESSIE McNEILLY & ANOR   RESPONDENTSMatter No S392/2007JESSIE McNEILLY & ANOR  APPLICANTSANDPAUL ANTHONY IMBREE   RESPONDENTImbree v McNeillyMcNeilly v Imbree[2008] HCA 4028 August 2008S43/2008 & S392/2007ORDERMatter No S43/20081.        Appeal allowed with costs.2.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 2 July 2007 and 23 July 2007.3.The parties have 7 days from the date of this order to file and serve agreed minutes of the consequential orders to be made.4.In default of agreement upon the consequential orders to be made, the parties have 14 days from the date of this order to file and serve written submissions as to the form of consequential orders to be made.Matter No S392/2007Application refused with costs.On appeal from the Supreme Court of New South WalesRepresentationA S Morrison SC with M R Hall and A J Stone for the appellant in S43/2008 and the respondent in S392/2007 (instructed by Abrahms Turner Whelan Family Lawyers)K P Rewell SC with M A Cleary for the respondents in S43/2008 and the applicants in S392/2007 (instructed by TL Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSImbree v McNeilly Negligence – Standard of care – Definition of standard – Where unskilled and inexperienced driver with passenger who, aware of driver's lack of skill and experience, has undertaken to supervise driving – Whether...