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Oz standards not dispositive December 21, 2016

Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369
NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by vegetation – primary judge found Club liable but architect not liable – both Club and architect liable for patron’s injury – no appellate interference with assessment of contributory negligence – statutory contribution between Club and architect 75% : 25%

[42] …mere compliance with building standards was relevant to, but not dispositive of, whether there had been any breach of duty: see Francis v Lewis [2003] NSWCA 152 at [42]-[43].

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