Tilbee v Wakefield as Adminstratrix of the estate of the late Kenneth Eric Wakefield on behalf of NATRIECE Leanne Wakefield, Sheldon Kenneth Wakefield, Ashleigh NATRIECE Wakefield and Dannika Leanne Wakefield

The case before the court involved the family of Kenneth Eric Wakefield, who was killed in a motor vehicle accident. The vehicle was being driven by a passenger with a blood alcohol content of.123 per cent, and subsequently left the road. The widow, represented by the administratrix of the estate, brought the case against the passenger, Tilbee. The court was required to determine whether the passenger was guilty of contributory negligence and, if so, to what extent. The court was also required to apportion the fault between the driver and the passenger, taking into account the extent of the driver's impairment and the passenger's knowledge of the driver's intoxication.

The court found that the passenger was guilty of contributory negligence, as they were aware of the driver's intoxication and continued to ride in the vehicle. However, the court found that the driver's intoxication was the primary cause of the accident, and the passenger's contribution was minor. The court held that the passenger's knowledge of the driver's intoxication was not sufficient to infer that they were aware of the level of impairment caused by the driver's blood alcohol content. The court also found that the passenger's contribution to the accident was 10%, while the driver's contribution was 90%.

The court allowed the appeal and reduced the amount of damages awarded to the widow. The court held that the passenger's contributory negligence reduced the amount of damages that could be awarded to the widow, and that the apportionment of fault between the driver and the passenger should be taken into account when calculating the damages. The court also held that the passenger's knowledge of the driver's intoxication did not necessarily mean that they were aware of the extent of the driver's impairment, and that the passenger's contribution to the accident was minor.

The court ordered that the damages awarded to the widow be reduced by 10%, reflecting the passenger's contribution to the accident. The court also held that the passenger was not liable for the full amount of damages, and that the widow's possible remarriage should be taken into account when calculating the dependants' damages. The court found that the widow's possible remarriage would not necessarily affect the dependants' damages, as the dependants would still require support and maintenance. The court also held that the passenger was not liable for the dependants' damages, as the driver's intoxication was the primary cause of the accident.