III BRIEF STATEMENT OF MATERIAL FACTS
Ms Chadwick, 21 and Mr Allen, 28 were in a relationship and on 10 March 2007 they departed from their home in Adelaide along with Ms Chadwick’s 5 year old daughter for a trip to the Yorke Peninsula (para 8, 9). Ms Chadwick was at least 9 weeks pregnant at the time (8). The group met up with Mr Martlew, a friend of Mr Allen and his children the following day and continued on in Mr Martlew’s vehicle (9). Throughout the day on 11 March 2007, Mr Allen and Mr Martlew consistently consumed alcohol until the early hours of 12 March 2007(10, 13). Ms Chadwick took over as the designated driver as she was pregnant and sober and they arrived later that day in Port Victoria (11). Ms Chadwick put the children to bed at a motel and joined the two men who were drinking at the nearby Port Victoria Hotel (13). After last drinks were called, between 1.30 am and 2 am (13, 14), the group got into the car with Ms Chadwick driving, …show more content…
The Trial Judge, Timothy DCJ found that Ms Chadwick was not contributorily negligent under Section 47(2)(b) of the Civil Liability Act 1936 (SA) (“the Act”) for taking the risk of travelling in the car driven by Mr Allen, whom she knew to be intoxicated. However, The Trial Judge did not accept that Ms Chadwick was prevented from fastening her seatbelt due to Mr Allen’s driving and found that she was 25 per cent contributorily negligent under s 49 of the Act.
The matter went on appeal to the Full Supreme Court of South Australia. Mr Allen appealed seeking a 50 per cent reduction in damages pursuant to s47(2)(b) of the Act and in Ms Chadwick’s cross appeal she sought a zero per cent reduction on the s 49 issue. A majority of the Full Court upheld the Trial Judge’s decision on the s 47(2)(b) issue and overturned the Trial Judge’s finding on the seatbelt issue, reducing Ms Chadwick’s contributory negligence to zero per
Ms Chadwick, 21 and Mr Allen, 28 were in a relationship and on 10 March 2007 they departed from their home in Adelaide along with Ms Chadwick’s 5 year old daughter for a trip to the Yorke Peninsula (para 8, 9). Ms Chadwick was at least 9 weeks pregnant at the time (8). The group met up with Mr Martlew, a friend of Mr Allen and his children the following day and continued on in Mr Martlew’s vehicle (9). Throughout the day on 11 March 2007, Mr Allen and Mr Martlew consistently consumed alcohol until the early hours of 12 March 2007(10, 13). Ms Chadwick took over as the designated driver as she was pregnant and sober and they arrived later that day in Port Victoria (11). Ms Chadwick put the children to bed at a motel and joined the two men who were drinking at the nearby Port Victoria Hotel (13). After last drinks were called, between 1.30 am and 2 am (13, 14), the group got into the car with Ms Chadwick driving, …show more content…
The Trial Judge, Timothy DCJ found that Ms Chadwick was not contributorily negligent under Section 47(2)(b) of the Civil Liability Act 1936 (SA) (“the Act”) for taking the risk of travelling in the car driven by Mr Allen, whom she knew to be intoxicated. However, The Trial Judge did not accept that Ms Chadwick was prevented from fastening her seatbelt due to Mr Allen’s driving and found that she was 25 per cent contributorily negligent under s 49 of the Act.
The matter went on appeal to the Full Supreme Court of South Australia. Mr Allen appealed seeking a 50 per cent reduction in damages pursuant to s47(2)(b) of the Act and in Ms Chadwick’s cross appeal she sought a zero per cent reduction on the s 49 issue. A majority of the Full Court upheld the Trial Judge’s decision on the s 47(2)(b) issue and overturned the Trial Judge’s finding on the seatbelt issue, reducing Ms Chadwick’s contributory negligence to zero per