Raad v Cossey

The case before the court involved a claim by the plaintiff, Raad, against Cossey, the defendant, for damages arising from personal injuries sustained in a motor vehicle accident. Cossey denied liability and raised several defences, including the defence of joint illegal enterprise and the defence under section 5D of the Civil Liability Act, which addresses conduct tainted with illegality. Cossey also claimed that Raad was contributory negligent.

The court was tasked with determining whether Cossey was liable for the injuries Raad sustained in the accident. This required the court to consider whether Cossey's defence of joint illegal enterprise and the related defence under section 5D of the Civil Liability Act were valid. Additionally, the court needed to assess Raad's contributory negligence.

In its decision, the court found that Cossey's defence of joint illegal enterprise and the defence under section 5D of the Civil Liability Act were successful. The court held that Cossey was not liable for Raad's injuries as the illegality defence outweighed any potential negligence on Cossey's part. Furthermore, the court found that Raad was contributory negligent, which further absolved Cossey of liability. Consequently, the court entered judgment in favour of Cossey.

The final orders of the court were that judgment be entered for the defendant, Cossey. The court reserved the issue of costs and allowed for the exhibits to be retained for 28 days.