Joslyn v Berryman S122/2002

The High Court of Australia considered the appeal in *Joslyn v Berryman*. The dispute concerned the liability of the respondent, Mr Berryman, for injuries sustained by the appellant, Ms Joslyn, when the motor vehicle she was a passenger in, driven by Mr Berryman, collided with a tree. Ms Joslyn alleged that Mr Berryman's negligent driving caused her injuries. Mr Berryman contended that Ms Joslyn was contributorily negligent in that she was intoxicated at the time of the accident and that her intoxication was a contributing factor to her injuries.

The central legal issue before the High Court was whether the *Civil Liability Act 1936* (SA) applied to the proceedings, and if so, whether Ms Joslyn's claim was barred by section 47 of that Act, which limits the recovery of damages for personal injury in certain circumstances where the claimant was intoxicated. The court also had to determine whether, assuming the Act did not apply, the common law principles of contributory negligence were engaged and, if so, to what extent Ms Joslyn's intoxication affected her claim.

The High Court held that the *Civil Liability Act 1936* (SA) did not apply to the proceedings because the cause of action arose before the Act commenced. Consequently, the common law principles of negligence and contributory negligence applied. The court found that while Ms Joslyn's intoxication was a relevant factor in assessing contributory negligence, it did not automatically bar her claim. The court reiterated that contributory negligence requires a finding that the plaintiff failed to take reasonable care for their own safety and that this failure contributed to their injury. The degree of intoxication and its causal connection to the injury were matters to be assessed on the facts.

The High Court allowed the appeal in part, finding that Ms Joslyn was contributorily negligent to the extent of 30%. Her damages were therefore reduced by this proportion.