SW v MK (No. 5)

In the matter of SW v MK, the plaintiff, a taxi passenger, sought compensation from the defendant, the taxi driver, for serious injuries she sustained during a taxi ride. The plaintiff alleged that the defendant was negligent in his driving and that this negligence caused her injuries. The defendant counter-claimed that the plaintiff’s injuries arose from her own conduct, specifically, that she produced a knife and threatened him, which led to a struggle and her injuries. The dispute was heard in the Supreme Court of New South Wales.

The primary legal issues the court needed to address were whether the defendant was negligent in his driving, and if his negligence contributed to the plaintiff's injuries. The court also had to determine whether the plaintiff’s own actions, specifically her threat with a knife, constituted an illegal enterprise under the Civil Liability Act 2002 (NSW). If so, the court had to consider whether the illegal enterprise was a contributing cause of the injuries, which could bar her from recovery under sections 5B, 5C, 5D, 52, 53, and 54 of the Act.

The court found that the plaintiff had produced a knife and threatened the defendant, which constituted an illegal enterprise. This illegal act was a significant contributing factor to the injuries she suffered. The court held that under the Civil Liability Act, the plaintiff’s illegal conduct was a cause of her injuries, and thus she could not recover damages for those injuries. The court found no negligence on the part of the defendant that contributed to the plaintiff's injuries.

The court ordered judgment in favour of the defendant, with the plaintiff to pay the defendant’s costs. The plaintiff was granted liberty to apply in relation to the costs. The exhibits were retained until further order.