Manton v Harris & Anor
[2020] QSC 102 · Bradley J
Dane Manton was driving a Mitsubishi Pajero on Bribie Island Road near Caboolture on the morning of 2 July 2015 when another vehicle, a Mazda utility driven by Mitchell Harris, collided with his car. Each driver sued the other, blaming him for the crash, and the two cases were heard together on the question of who was at fault. The dispute was purely about liability, not about the amount of any damages.
The court found that Mr Harris had crossed into Mr Manton's lane when it was unsafe to do so, causing the collision, and that Mr Manton did nothing to cause or contribute to the accident. The judge decided the fault question in Mr Manton's favour. Because this was a liability-only hearing, the court did not work out how much money Mr Manton would receive; that would be dealt with separately.
Incident & injury
Two-vehicle head-on collision; the first defendant crossed into the plaintiff's lane and collided with the plaintiff's vehicle.
Read the findings as text
- Who crossed the line? Each blamed the other.
- Harris crossed the line. Gouge marks and debris.
- Liability only, claim succeeds. Reasons in [2020] QSC 101.
- Incident date
- 2 July 2015
- Location
- Bribie Island Road, Caboolture
Quick facts
- Date of judgment
- 6 May 2020
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The court found the first defendant negligent for crossing into the plaintiff's lane and causing the collision, with no contributory negligence by the plaintiff. This was a liability-only trial heard together with the reciprocal proceeding; quantum was not assessed.
Defendants (2)
1 Mitchell Charles Harris
Negligent driver
2 QBE Insurance (Australia) Ltd
CTP Insurer
Key issues
Manton v Harris & Anor [2020] QSC 102
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Learn more about motor vehicle accident claims in Queensland.