Compliance with an Australian standard that does not regulate the specific risk in question does not preclude a finding of negligence. The absence of evidence of prior similar incidents is not decisive where expert evidence establishes reasonable foreseeability. In calculating the s 138 indemnity, factor X must reflect the parties' agreed position where the case was conducted on that basis, and factor C should be calculated net of any contribution recoverable from another tortfeasor to avoid a windfall to the third party.
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