Full Court Minute Books

Case A14/2015

Allen v. Chadwick

Case No.


Case Information

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


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.

Short Particulars


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)