TORTS — motor vehicle accident — vehicle drove off the highway in darkness — off-road collision with tree in bushland after vehicle travelled down roadside embankment — plaintiff passenger seriously injured — driver of vehicle also injured — driver shown to have blood alcohol level measured at 0.157mg/100ml — whether defendant has established contributory negligence on part of plaintiff passenger who was asleep — consideration of relevant statutory provisions; JURISDICTION — lex loci delicti — application of s 48 and s 49 of Queensland Civil Liability Act 2003 to circumstances; DAMAGES — damages agreed by parties at $1,800,000
