I recently wrote about a personal injury case in which a person
was injured while travelling as a passenger in a car involved in a
street race. That injured person lost their case because the court
found she was a complicit participant in a dangerous and illegal
street race at the time she was injured. You can revisit that blog
post here.
More recently, a similar, and perhaps more tragic, case came
before the New South Wales Court of Appeal. Let me set the scene
for you.
On 28 November 2015 the plaintiff, who was 15 at the time,
arranged to meet with three of her friends. She was a powerfully
built young woman, who was 6ft tall.
They were dressed in a way so as to disguise their appearance as
far as possible, wearing hoods over their heads, caps and other
clothing that was seemingly unnecessary for what was a warm
evening. A taxi was called in a false name and from an address from
which no one had any connection.