In a blameless motor accident under the MAC Act, contributory negligence must be assessed by the extent of the plaintiff's departure from the standard of care, not by reference to whether the plaintiff's conduct caused the accident. Describing the plaintiff's conduct as the 'sole cause' of the accident is an impermissible consideration. The majority signalled that the [name withheld] v [name withheld] approach may require further consideration, particularly in cases where the driver lost control due to incapacitation.
The full text is available to signed-in members, including the 46 later cases that cite this judgment.
5 of the 46 citing cases carry a classified treatment. How each court treated it is available to signed-in members.