Where a council seeks to rely on financial constraints as justification for not taking reasonable safety measures, the burden of demonstrating those constraints lies on the council, not on the injured plaintiff. A defence pleaded but not argued at trial cannot be raised on appeal where relevant evidence was not tendered and no explanation is offered for the failure to argue the point below. Interest on past non-economic loss in NSW is calculated at 2% per annum on the amount attributable to the past period, not on the total general damages award.
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