Lower Court Judgment
16/09/2014; 24/11/2014 Supreme Court of South Australia (Kourakis CJ, Gray J, Nicholson J)
[2014] SASCFC 100; [2014] SASCFC 130
Catchwords
Torts – Negligence – Contributory negligence – Civil Liability Act 1936 (SA) ss 47 and 49 – Where respondent was injured in a car accident after appellant lost control of the vehicle – Where appellant was intoxicated – Where respondent was not wearing a seatbelt – Whether a reasonable person in the position of respondent would or ought to have known that appellant was intoxicated and would have relied on appellant to drive – Whether respondent had an opportunity to fasten the seatbelt – Whether damages should include or exclude GST.
19/06/2015 Hearing (SLA, Sydney)
02/07/2015 Notice of appeal
24/07/2015 Written submissions (Appellant)
24/07/2015 Chronology (Appellant)
13/08/2015 Written submissions (Respondent)
13/08/2015 Chronology (Respondent)
27/08/2015 Reply
15/10/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
09/12/2015 Judgment (Judgment summary)