An appellate challenge to a trial judge's causation findings that relies on selective pieces of evidence without expert endorsement and without advancing a cohesive alternative theory of causation is unlikely to succeed. Under s 5R of the Civil Liability Act 2002 (NSW), contributory negligence requires assessment of what a reasonable person with the plaintiff's actual or constructive knowledge would have done; where the defendant responsible for the installation's safety failed to advise the plaintiff of the need to isolate a gas tank, the plaintiff's failure to do so does not constitute contributory negligence.
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