Court relaxes the extent of a supervising driver's duty of care to a learner driver

Judgment date: 23 August 2011

Thornton v Sweeney [2011] NSWCA 244

Court of Appeal New South Wales1

In Brief

A voluntary supervisor (as distinct from a licensed instructor), has a duty to take precautions that a reasonable person in the position of the voluntary supervisor would take to prevent harm to a learner driver arising out of his or her driving experience. What precautions are reasonable depends on the circumstances of each case. When assessing what precautions are reasonable, it is a material fact that a voluntary supervisor need not possess any qualifications (other than an unrestricted licence) and that the driving of the vehicle is primarily in the hands of the learner driver. Background

This case involved an appeal from a decision of Fullerton J of the Supreme Court of New South Wales.

On 27 August 2005, the respondent was driving under the appellant's supervision in Tuncurry when she lost control of her vehicle on a bend and collided with a tree. The respondent was 16 years of age at the time of the accident. The appellant held an unrestricted driver's licence and was 21 years of age as at the day of the accident.

As a result of the accident the respondent suffered significant traumatic brain injury together with a range of other orthopaedic and internal injuries.

At first instance, the respondent alleged that the appellant breached his duty of care...