A driver who continues to drive knowing passengers have climbed outside the vehicle breaches the duty of care owed to those passengers, even if the passengers' own conduct was reckless and intoxicated. In apportioning contributory negligence under s 10 of the Law Reform (Miscellaneous Provisions) Act 1965 (NSW), the driver's control of the situation and ability to terminate the danger may justify a relatively low apportionment against the plaintiff despite the plaintiff's extreme recklessness.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
3 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.