By Majority (6-1), The Court Has Overruled The Principle In Cook-v- Cook (1986) 162 CLR 376

First published on 29 August 2008.

Imbree -v- McNeilly [2008] HCA 40 (28

August 2008)

Today the High Court delivered its decision in the matter of

Imbree -v- McNeilly [2008] HCA 40 (28 August

2008). It is an important decision.

Cook -v- Cook stood for the proposition

that there may be circumstances in which a special relationship

exists such that the standard of care may vary having regard to

matters specific to that relationship. In Cook

-v- Cook, the Court found that an

inexperienced learner driver may owe a lesser standard of care

to the supervising passenger (because of the passenger's

knowledge of the drivers inexperience).

In Imbree's case, the High Court concluded:

"...the standard of care which the driver owed the

passenger was the same as any other person driving a motor

vehicle - to take reasonable care to avoid injury to

others. The standard thus invoked is the standard of the

"reasonable driver". That standard...