Government Insurance Office v Lazar

The Government Insurance Office (GIO) appealed to the New South Wales Court of Appeal against a decision of the District Court that had awarded damages to Mr Lazar for injuries sustained in a motor vehicle accident. The central dispute concerned the extent to which Mr Lazar's damages should be reduced due to his contributory negligence.

The Court of Appeal was required to determine whether the District Court judge had erred in assessing the degree of contributory negligence attributable to Mr Lazar. Specifically, the appeal focused on whether the judge had correctly applied the principles of contributory negligence in light of the circumstances of the accident and Mr Lazar's actions.

The Court of Appeal found that the District Court judge had made an error in his assessment of contributory negligence. It held that the judge had placed too much emphasis on the actions of the driver of the other vehicle and not enough on Mr Lazar's own failure to take reasonable care for his own safety. The Court applied the principle that a plaintiff's contributory negligence is to be assessed by reference to what a reasonable person would have done in the circumstances to avoid injury, and that this assessment is independent of the defendant's negligence.

Consequently, the Court of Appeal varied the order of the District Court, increasing the apportionment of contributory negligence against Mr Lazar and reducing the amount of damages awarded to him accordingly.