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Posts Tagged ‘contributory negligence’

Solicitors, fiduciary duties, retainers and contributory negligence

Rahme v Benjamin & Khoury Pty Ltd [2019] NSWCA 211 In relation to Question 1: By signing the costs agreements with B&K, Mrs Rahme agreed to pay B&K’s past and future fees for it acting on her behalf as solicitor for the plaintiffs in the Bevillesta proceedings and she agreed to give security for that…

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Oz standards not dispositive

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…

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Contributory negligence under the CLA

Accordingly, the existence and extent of a claimant’s contributory negligence is to be assessed by reference to the risk of harm which is the subject of his or her claim for damages, and the precautions that a reasonable person in the claimant’s position would have taken against that risk: Gordon v Truong (2014) 66 MVR 241; [2014]…

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