Imbree v McNeilly: A View from Singapore
In Imbree v. McNeilly, the High Court of Australia ruled that a learner driver is no longer to be held to the standard of a reasonable but unqualified (and inexperienced) driver in negligence claims. It is the modest aim of this case note to show that Imbree, while a decision on a narrow point, in f...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2009
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/1416 https://ink.library.smu.edu.sg/context/sol_research/article/3368/viewcontent/gyh_ImbreeMcNeillySingapore_2009.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | In Imbree v. McNeilly, the High Court of Australia ruled that a learner driver is no longer to be held to the standard of a reasonable but unqualified (and inexperienced) driver in negligence claims. It is the modest aim of this case note to show that Imbree, while a decision on a narrow point, in fact hints at a larger difficulty in the ascertainment of the standard of care in individual cases. It is in this context that it will be suggested that, when the time comes for Singapore courts to consider the applicability of Imbree, this difficulty should be borne in mind. At first instance in the Supreme Court of New South Wales, Studdert J. found in favor of the appellant, finding that first respondent had "behaved with carelessness over and above what could be attributed merely to inexperience" and awarded the appellant damages of more than A$9.5 million, although there was a deduction of 30% for contributory negligence. |
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