Pham v French & Ors

Pham was the plaintiff in proceedings against French and others, the defendants, in the Supreme Court of New South Wales. The dispute concerned the plaintiff's claim for damages for personal injuries sustained in a motor vehicle accident. The plaintiff alleged that the defendants were negligent in their driving, which caused the accident and her injuries. The defendants denied negligence and raised a defence of contributory negligence.

The primary legal issue before the court was whether the defendants had breached their duty of care to the plaintiff by their driving on the day of the accident. A secondary issue was whether, if a breach of duty was established, the plaintiff had contributed to her own injuries through her own negligence. The court was required to assess the evidence presented by both parties to determine causation and apportionment of liability.

Hayne J found that the defendants had been negligent in their driving, which caused the accident. His Honour considered the evidence regarding the plaintiff's actions and determined that she had also been contributorily negligent. The court applied the principles of negligence as established in common law, focusing on the duty of care owed by drivers to other road users and the standard of care expected of a reasonable driver. The assessment of contributory negligence involved determining the extent to which the plaintiff's own conduct had contributed to her injuries.

The court ordered that the plaintiff was entitled to recover damages, but these damages were reduced by 20% to reflect her contributory negligence.