The mandatory statutory reduction under s 49 of the Civil Liability Act 1936 (SA) for failure to wear a seatbelt does not apply where the plaintiff's inability to fasten the seatbelt was caused by the defendant's erratic driving, as this constitutes an 'act of a stranger' defence under the Australian Road Rules. The cap on past gratuitous services under s 58(2) applies to the whole award, not to each sub-period separately. Case management costs, while not precluded by s 57, fall within the plaintiff's statutory entitlement for non-economic loss and cannot be awarded as a separate head of damage. The question of whether s 47(2)(b) imposes a purely objective standard or permits consideration of the plaintiff's personal circumstances remains contested, with the Chief Justice dissenting on this point.
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