Blake by his tutor Porter v Norris

Blake by his tutor Porter (the plaintiff) brought proceedings against Norris (the defendant) in the Supreme Court of New South Wales. The dispute concerned the plaintiff's claim for damages for personal injuries sustained in a motor vehicle accident. The defendant sought to rely on the defence of contributory negligence.

The central legal issue before the High Court of Australia was whether the defendant had discharged the onus of proving that the plaintiff's injuries were caused by his own contributory negligence. Specifically, the court had to determine whether the plaintiff's failure to wear a seatbelt constituted a failure to take reasonable care for his own safety, and if so, whether that failure caused or contributed to the injuries he sustained.

The High Court held that the defendant had not discharged the onus of proof. Their Honours applied the principles of contributory negligence, noting that the defendant must establish both that the plaintiff failed to take reasonable care for his own safety and that this failure caused or contributed to his injuries. While it was accepted that the plaintiff's failure to wear a seatbelt was a failure to take reasonable care, the evidence did not establish that this failure caused or contributed to the specific injuries for which damages were sought. The court emphasised that the causal link between the failure to wear a seatbelt and the injuries must be proven, not merely inferred.

The High Court allowed the appeal, setting aside the orders of the Full Court of the Supreme Court of New South Wales and ordering that the judgment of the trial judge be restored.