Hussein v Shehata

Hussein (the appellant) appealed to the High Court of Australia against a decision of the Full Court of the Supreme Court of Victoria. The dispute concerned the appellant's claim for damages for personal injuries sustained in a motor vehicle accident. The primary issue on appeal was whether the appellant had been guilty of contributory negligence, and if so, to what extent.

The High Court was required to determine whether the Full Court of the Supreme Court of Victoria had erred in finding that the appellant was contributorily negligent. Specifically, the court had to consider whether the appellant's actions, in failing to wear a seatbelt, constituted negligence that contributed to his injuries.

The High Court, comprising Hayne and Callinan JJ, affirmed the decision of the Full Court. Their Honours reasoned that the appellant's failure to wear a seatbelt was a breach of a duty of care owed to himself. They applied the principles of contributory negligence, finding that this breach of duty had contributed to the severity of his injuries. The court held that the apportionment of damages made by the Full Court, which reduced the appellant's award by 20% due to his contributory negligence, was appropriate and not an error of law.