An owner of a motor vehicle who knows the vehicle is unroadworthy owes a duty of care to a driver who is unaware of the defect, the scope of which may require the owner to refuse permission to drive rather than merely warn. The 'obvious risk' provisions in ss 5F-5H of the Civil Liability Act 2002 (NSW) have no application where the plaintiff was unaware of the condition giving rise to the risk. A finding of contributory negligence must be supported by the pleadings and cannot be based on a failure to inspect where the plaintiff had no reason to do so.
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