McFarlane v Eastern Pastoral Co Pty Ltd

McFarlane (the appellant) brought proceedings against Eastern Pastoral Co Pty Ltd (the respondent) in the Supreme Court of Western Australia, seeking damages for personal injuries sustained in a motor vehicle accident. The appellant was a passenger in a vehicle driven by an employee of the respondent when the accident occurred. The respondent sought to rely on the defence of contributory negligence, alleging that the appellant had failed to take reasonable care for his own safety.

The central legal issue before the Full Court of the Supreme Court of Western Australia was whether the respondent had established the defence of contributory negligence. Specifically, the court had to determine if the appellant's conduct, in failing to protest or intervene when he allegedly observed the driver's negligent driving, constituted a failure to take reasonable care for his own safety, thereby contributing to his injuries.

The court considered the principles of contributory negligence, noting that the onus of proving contributory negligence rests on the defendant. It was held that for a plaintiff's conduct to amount to contributory negligence, it must be shown that the plaintiff failed to take reasonable care for their own safety and that this failure contributed to the damage suffered. The court found that the appellant, as a passenger, was not under a duty to supervise the driver or to intervene in the driving unless the danger was so obvious and imminent that a reasonable person would have done so. Given the circumstances, the court concluded that the respondent had not discharged the onus of proving that the appellant's inaction amounted to contributory negligence.

The appeal was allowed, and the judgment of the trial judge in favour of the respondent was set aside. The matter was remitted to the Supreme Court of Western Australia for assessment of the appellant's damages.