Italiano v Barbaro

In the case of Italiano v Barbaro, the plaintiff sought to recover damages for injuries sustained during a police pursuit, alleging that the defendant, who was the driver of the vehicle, was negligent in his driving. The dispute reached the High Court of Australia, which was tasked with determining the legal issues pertaining to the relationship between the driver and the passenger, as well as the applicability of a duty of care in the context of a criminal conspiracy. The core legal issue before the court was whether the driver and the passenger, who were acting jointly in furtherance of a criminal conspiracy, were in a proximate relationship sufficient to establish a duty of care. Additionally, the court needed to decide if it was appropriate or feasible to define a duty of care owed by one participant in joint unlawful activity to another and whether the degree of hazard presented by the unlawful activity was relevant in this context.

The High Court found that there was no proximate relationship between the driver and the passenger that would give rise to a duty of care. The court held that defining a duty of care in the context of joint unlawful activity was not appropriate or feasible, as it would involve imputing liability to a participant in an unlawful act for the actions of another. Furthermore, the court determined that the degree of hazard presented by the unlawful activity was not a relevant factor in determining the existence of a duty of care. As a result, the appeal was allowed, and the orders of the lower courts were set aside, with judgment entered for the defendant and costs awarded.