Anderson v Eric Anderson Radio & TV Pty Ltd (1965) 114 CLR 20
- casetreasury
- Aug 12, 2024
- 1 min read
Facts: The plaintiff (Pl) (a resident of NSW) was injured in a motor vehicle accident in the ACT. A claim brought in District Court of NSW, where the jury found that the defendant (D) was guilty of negligence, but also found that the Pl had been guilty of contributory negligence (90% D, 10% Pl). In NSW at the time, contributory negligence was a complete defence (barred any recovery); In ACT, it was abolished as a complete defence and apportionment applied.
Held (Windeyer J): Once both limbs of Phillips v Eyre are satisfied, the law to be applied is the lex fori (i.e. the law of NSW here), thus the Pl received nothing.