Section 54 of the Civil Liability Act 2002 (NSW) requires the injury to be clearly associated with the serious offence in time, place and circumstances — a temporal gap between the offence and the injury, even a short one, may take the case outside the section. Trial judges must engage with all significant evidence bearing on defences, and failure to deal with independent witness evidence supporting a defendant's case may constitute a miscarriage of justice requiring a new trial. The assessment of contributory negligence under s 5R requires consideration of all relevant factors including the plaintiff's role in creating the dangerous situation, the degree of intoxication, and the concept of enlightened self-interest.
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