Gala v Preston [1991] HCA 18

ON 28 MAY 1991, the High Court of Australia delivered Gala v Preston [1991] HCA 18; (1991) 172 CLR 243 (28 May 1991).

A passenger injured whilst travelling in a car that was used for an unlawful purpose was not entitled to damages for injuries he received when the driver lost control of the vehicle and collided with a tree. The court held that a duty not was owed because there was no relationship of proximity between the parties and in the circumstances the they could not have had “any reasonable basis for expecting that a driver of the vehicle would drive it according to ordinary standards of competence and care”.

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