Hit and run by Jim's Mowing

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Re: Hit and run by Jim's Mowing

Postby KonaCommuter » Wed Jun 27, 2012 2:27 pm

Oxford wrote:enough to make you want to stop riding.



To be honest if that were me in the video, It would be a distinct possibility. Especially if my wife saw it. If I do stop riding I’ll be buying the largest car I can afford to run and I’ll have a bumper sticker with a bike symbol and that reads “this car park / road space is occupied by a former cyclist. Thanks for not sharing” or something wittier like that
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by BNA » Wed Jun 27, 2012 2:28 pm

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Re: Hit and run by Jim's Mowing

Postby find_bruce » Wed Jun 27, 2012 2:28 pm

exadios wrote:The usual tactic is for the corporation to fund an individual to bring the action. This is what happened to me many years ago after I made a complaint to ASIC about a company. However, corporations may sue for a type of defamation - its just that the standards are different.

I am sorry to inform you that, since the introduction of the (almost) uniform laws of defamation in 2006, you are completely mistaken See section 9 of the Act in the relevant state. For example the WA Act provides
Defamation Act 2005 (WA) wrote:9 . Certain corporations do not have cause of action for defamation
(1) A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was an excluded corporation at the time of the publication.
(2) A corporation is an excluded corporation if —
(a) the objects for which it is formed do not include obtaining financial gain for its members or corporators; or
(b) it employs fewer than 10 persons and is not related to another corporation,
and the corporation is not a public body.
(3) In counting employees for the purposes of subsection (2)(b), part-time employees are to be taken into account as an appropriate fraction of a full-time equivalent.
(4) In determining whether a corporation is related to another corporation for the purposes of subsection (2)(b), section 50 of the Corporations Act 2001 of the Commonwealth applies as if references to bodies corporate in that section were references to corporations within the meaning of this section.
(5) Subsection (1) does not affect any cause of action for defamation that an individual associated with a corporation has in relation to the publication of defamatory matter about the individual even if the publication of the same matter also defames the corporation.
(6) In this section —
corporation includes any body corporate or corporation constituted by or under a law of any country (including by exercise of a prerogative right), whether or not a public body;
public body means a local government body or other governmental or public authority constituted by or under a law of any country.
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Re: Hit and run by Jim's Mowing

Postby cp123 » Wed Jun 27, 2012 2:44 pm

Oxford wrote:
cp123 wrote:If anyone is interested - read all the comments on the Riot Act website posted above.


Same cyclist - another issue today. <a class="vglnk" title="Link added by VigLink" target="_blank" rel="nofollow" href="http://www.youtube.com/watch?v=Cx_PP85ZtMI&feature=plcp"><span>http</span><span>://</span><span>www</span><span>.</span><span>youtube</span><span>.</span><span>com</span><span>/</span><span>watch</span><span>?</span><span>v</span><span>=</span><span>Cx</span><span>_</span><span>PP85ZtMI</span><span>&</span><span>feature</span><span>=</span><span>plcp</span></a>


I hope this guy doesn't go for the trifecta tomorrow....


Bloody hell i need cameras NOW!!! :roll:
enough to make you want to stop riding.




hope not.


Kona - still saving unfortunately. $4 grand more to knock off the slate and then cameras!
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Re: Hit and run by Jim's Mowing

Postby exadios » Wed Jun 27, 2012 2:55 pm

find_bruce wrote:
exadios wrote:The usual tactic is for the corporation to fund an individual to bring the action. This is what happened to me many years ago after I made a complaint to ASIC about a company. However, corporations may sue for a type of defamation - its just that the standards are different.

I am sorry to inform you that, since the introduction of the (almost) uniform laws of defamation in 2006, you are completely mistaken See section 9 of the Act in the relevant state. For example the WA Act provides
Defamation Act 2005 (WA) wrote:9 . Certain corporations do not have cause of action for defamation
(1) A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was an excluded corporation at the time of the publication.
(2) A corporation is an excluded corporation if —
(a) the objects for which it is formed do not include obtaining financial gain for its members or corporators; or
(b) it employs fewer than 10 persons and is not related to another corporation,
and the corporation is not a public body.
(3) In counting employees for the purposes of subsection (2)(b), part-time employees are to be taken into account as an appropriate fraction of a full-time equivalent.
(4) In determining whether a corporation is related to another corporation for the purposes of subsection (2)(b), section 50 of the Corporations Act 2001 of the Commonwealth applies as if references to bodies corporate in that section were references to corporations within the meaning of this section.
(5) Subsection (1) does not affect any cause of action for defamation that an individual associated with a corporation has in relation to the publication of defamatory matter about the individual even if the publication of the same matter also defames the corporation.
(6) In this section —
corporation includes any body corporate or corporation constituted by or under a law of any country (including by exercise of a prerogative right), whether or not a public body;
public body means a local government body or other governmental or public authority constituted by or under a law of any country.


You will note that I did not say that corporations can sue for defamation. I said they can sue for a "type of defamation" - under different legislation.
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Re: Hit and run by Jim's Mowing

Postby find_bruce » Wed Jun 27, 2012 2:56 pm

exadios wrote:You will note that I did not say that corporations can sue for defamation. I said they can sue for a "type of defamation" - under different legislation.

Really ? Which piece of legislation do you think provides for a "type of defamation" ?
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Re: Hit and run by Jim's Mowing

Postby exadios » Wed Jun 27, 2012 3:26 pm

find_bruce wrote:
exadios wrote:You will note that I did not say that corporations can sue for defamation. I said they can sue for a "type of defamation" - under different legislation.

Really ? Which piece of legislation do you think provides for a "type of defamation" ?


I think that if you need legal advice you should consult your legal adviser. In the context of this thread it is not important which legislation applies to corporations.
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Re: Hit and run by Jim's Mowing

Postby find_bruce » Wed Jun 27, 2012 4:15 pm

exadios wrote:
find_bruce wrote:
exadios wrote:You will note that I did not say that corporations can sue for defamation. I said they can sue for a "type of defamation" - under different legislation.

Really ? Which piece of legislation do you think provides for a "type of defamation" ?


I think that if you need legal advice you should consult your legal adviser. In the context of this thread it is not important which legislation applies to corporations.

Very good comment - if you do not know what you are talking about, do not go around making stuff up about non-existant legislation. And to answer your question, no I don't think I need to get legal advice.
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Re: Hit and run by Jim's Mowing

Postby KonaCommuter » Wed Jun 27, 2012 4:30 pm

cp123 wrote:

Kona - still saving unfortunately. $4 grand more to knock off the slate and then cameras!



REMOVED $30


EDIT

Removed link to a rubbish camera
Last edited by KonaCommuter on Thu Jun 28, 2012 3:12 pm, edited 1 time in total.
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Re: Hit and run by Jim's Mowing

Postby damhooligan » Wed Jun 27, 2012 5:43 pm

exadios wrote:
Exactly. In order for there to be a "hit and run" (whatever it is actually called in the particular state) the party that leaves the scene has to be aware that there has been an accident. I doubt whether this driver did know.


How does one prove one does or does not know ??
Sounds like an easy way out, ow, did I hit you, I didn't know that... :?

What I gather is that the driver is aware he has trailer.
Also knows the cyclist is there,as he is clearly very visible , so anything that follows is 100% to blame to the driver.
Based on that, according to my logic, wich may not be the law, it is a hit and run to me.
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Re: Hit and run by Jim's Mowing

Postby il padrone » Wed Jun 27, 2012 6:08 pm

damhooligan wrote:
exadios wrote:
Exactly. In order for there to be a "hit and run" (whatever it is actually called in the particular state) the party that leaves the scene has to be aware that there has been an accident. I doubt whether this driver did know.


How does one prove one does or does not know ??
Sounds like an easy way out, ow, did I hit you, I didn't know that... :?

Takes the concept of SMIDSY to the extreme.

[hands over eyes, fingers in ears] "Nah-na nah, nah-na nah, nah-na nah na-na nah...... bike? Collision? Where?"

:|

Accept that and you accept all the calls to "get awf the f******* road!"
Riding bikes in traffic - what seems dangerous is usually safe; what seems safe is often more dangerous.
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Re: Hit and run by Jim's Mowing

Postby damhooligan » Wed Jun 27, 2012 6:14 pm

il padrone wrote:
damhooligan wrote:
exadios wrote:
Exactly. In order for there to be a "hit and run" (whatever it is actually called in the particular state) the party that leaves the scene has to be aware that there has been an accident. I doubt whether this driver did know.


How does one prove one does or does not know ??
Sounds like an easy way out, ow, did I hit you, I didn't know that... :?

Takes the concept of SMIDSY to the extreme.

[hands over eyes, fingers in ears] "Nah-na nah, nah-na nah, nah-na nah na-na nah...... bike? Collision? Where?"

:|

Accept that and you accept all the calls to "get awf the f******* road!"



But apparantly thats the law ??
If you can 'prove' you didn't know you hit someone, its not a hit and run ??

I dont agree with it, but that is what exadios said, no ??
The dutch have one word to describe the aussie MHL, this word is ;
SCHIJNVEILIGHEID !!
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Re: Hit and run by Jim's Mowing

Postby wombatK » Wed Jun 27, 2012 10:16 pm

Oxford wrote:to be fair, sometimes these things happen so fast you just don't react or take evasive action. .

Dead right Oxford. For this case, though, has anyone noticed that the cyclist at no time looked over
his shoulder to see if there was a risk of another car following the ones that had just zoomed across
his proposed path ?

How many of us here would cross a freeway exit ramp without a head-check ? I won't cross
any intersection where traffic can left turn into me like this without a head-check, and I use
a mirror to help me see the best safe crossing opportunity.

This is no excuse for the motorists negligent driving - there simply isn't any.

Notwithstanding that, it was extremely good luck that when the cyclist veered right into
the next traffic lane, there was no following car to run over him.

A head check might have made him much less reliant on good luck. Being in the right isn't much
good if you're not so lucky and wind up in a grave.
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Re: Hit and run by Jim's Mowing

Postby hannos » Wed Jun 27, 2012 10:31 pm

He might have been using the mirror on the right side of his handlebars?
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Re: Hit and run by Jim's Mowing

Postby Mulger bill » Wed Jun 27, 2012 10:36 pm

hannos wrote:He might have been using the mirror on the right side of his handlebars?

Yep, a couple of times.
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
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Re: Hit and run by Jim's Mowing

Postby il padrone » Wed Jun 27, 2012 11:22 pm

hannos wrote:He might have been using the mirror on the right side of his handlebars?

He obviously was not :roll:
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Re: Hit and run by Jim's Mowing

Postby exadios » Thu Jun 28, 2012 1:51 am

find_bruce wrote:
exadios wrote:
find_bruce wrote:Really ? Which piece of legislation do you think provides for a "type of defamation" ?


I think that if you need legal advice you should consult your legal adviser. In the context of this thread it is not important which legislation applies to corporations.

Very good comment - if you do not know what you are talking about, do not go around making stuff up about non-existant legislation. And to answer your question, no I don't think I need to get legal advice.


But I have received advice on this particular law (I did not say it was "legislation"). So I do know what I am talking about.

In any case, as you point out it is possible for corporations to sue for defamation.
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Re: Hit and run by Jim's Mowing

Postby wombatK » Thu Jun 28, 2012 6:45 am

il padrone wrote:
hannos wrote:He might have been using the mirror on the right side of his handlebars?

He obviously was not :roll:

+1. Only goes to prove you still need to head-check. Mirrors are an aid, not a substitute - just like in the car.
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Re: Hit and run by Jim's Mowing

Postby find_bruce » Thu Jun 28, 2012 1:08 pm

exadios wrote:But I have received advice on this particular law (I did not say it was "legislation").

Quick call the cops because it seems someone must have hacked your account as when I read the thread it say that on Wed Jun 27, 2012 2:55 pm you posted this
exadios wrote:You will note that I did not say that corporations can sue for defamation. I said they can sue for a "type of defamation" - under different legislation.

I mean the only other explanation is that you have no recollection or comprehension of what you said less than 12 hours before.
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Re: Hit and run by Jim's Mowing

Postby Big_Red » Thu Jun 28, 2012 1:18 pm

KonaCommuter wrote:
cp123 wrote:

Kona - still saving unfortunately. $4 grand more to knock off the slate and then cameras!



http://www.jaycar.com.au/productView.asp?ID=QC8003 $30


Well KonaCommuter i honestly hope it doesn't come to the point where you are forced by another's actions not to enjoy the simple act of getting on your bike and enjoying yourself. That said, do you have any review of that jaycar cam at all? I'd like to know how it compares to something like the 808#16 cam from eletoponline365 off ebay.
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Re: Hit and run by Jim's Mowing

Postby jules21 » Thu Jun 28, 2012 1:44 pm

he's made it big now!
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Re: Hit and run by Jim's Mowing

Postby KonaCommuter » Thu Jun 28, 2012 3:10 pm

Big_Red wrote:
KonaCommuter wrote:
cp123 wrote:

Kona - still saving unfortunately. $4 grand more to knock off the slate and then cameras!



$30


Well KonaCommuter i honestly hope it doesn't come to the point where you are forced by another's actions not to enjoy the simple act of getting on your bike and enjoying yourself. That said, do you have any review of that jaycar cam at all? I'd like to know how it compares to something like the 808#16 cam from eletoponline365 off ebay.




Yes - My review is Don’t Bother, save the $29.95 for a decent camera.
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Re: Hit and run by Jim's Mowing

Postby uncle arthur » Thu Jun 28, 2012 5:01 pm

So we have four pages of fact, opinion, mindless drivel, camera advertising, claims, counter claims, news opinion and editorial, etc etc etc....

What's the &^%$ING OUTCOME???????

What's happened in the end with this whole incident?
What is it with cycling? 30+ kmh and lycra???!!!
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Re: Hit and run by Jim's Mowing

Postby jules21 » Thu Jun 28, 2012 5:03 pm

uncle arthur wrote:So we have four pages of fact, opinion, mindless drivel, camera advertising, claims, counter claims, news opinion and editorial, etc etc etc....

What's the &^%$ING OUTCOME???????

What's happened in the end with this whole incident?

sorry arthur but that criticism is hypocritical, coming from any member of an internet discussion forum.
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Re: Hit and run by Jim's Mowing

Postby uncle arthur » Thu Jun 28, 2012 5:18 pm

jules21 wrote:
uncle arthur wrote:So we have four pages of fact, opinion, mindless drivel, camera advertising, claims, counter claims, news opinion and editorial, etc etc etc....

What's the &^%$ING OUTCOME???????

What's happened in the end with this whole incident?

sorry arthur but that criticism is hypocritical, coming from any member of an internet discussion forum.


Fine - so can anyone tell us what's eventuated?
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Re: Hit and run by Jim's Mowing

Postby find_bruce » Thu Jun 28, 2012 5:22 pm

uncle arthur wrote:
jules21 wrote:
uncle arthur wrote:So we have four pages of fact, opinion, mindless drivel, camera advertising, claims, counter claims, news opinion and editorial, etc etc etc....

What's the &^%$ING OUTCOME???????

What's happened in the end with this whole incident?

sorry arthur but that criticism is hypocritical, coming from any member of an internet discussion forum.


Fine - so can anyone tell us what's eventuated?

Pretty much the same as this thread, an awful lot of not very much. I can't even tell you the outcome of this matter and that incident was in March 2011 and was heard by the court on 5 & 6 June 2012.
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