Roberts & Anor v Bass

Roberts and another (the appellants) brought proceedings against Bass (the respondent) in the Supreme Court of New South Wales, seeking to recover damages for personal injuries sustained by the first appellant. The dispute concerned the respondent's liability for those injuries, which allegedly arose from the negligent driving of a motor vehicle by the respondent. The case ultimately proceeded to the High Court of Australia.

The High Court was required to determine whether the respondent owed a duty of care to the first appellant, and if so, whether that duty had been breached. A central issue was the application of the principles of foreseeability and remoteness of damage in the context of a motor vehicle accident and the subsequent injuries sustained by the appellant. The court also considered the extent to which the respondent's conduct was causative of the appellant's loss.

The High Court affirmed that a driver owes a duty of care to other road users, including passengers, to drive with reasonable care and skill. The court found that the respondent's actions, which involved driving at excessive speed and losing control of the vehicle, constituted a breach of this duty. Applying the principles of causation, the court held that the respondent's negligence was a factual cause of the appellant's injuries. The court further considered the remoteness of the damage, concluding that the injuries sustained were not too remote a consequence of the respondent's negligent driving. The appeal was dismissed.