In a negligence claim against a supplier who installed a defective product, the legal burden of proving the supplier failed to exercise reasonable care remains on the plaintiff throughout, even where the supplier adduces evidence that it ordered the correct product. The plaintiff makes out a prima facie case by proving the product was unfit for purpose and caused injury; if the supplier adduces evidence of reasonable care (e.g., ordering the correct product), the plaintiff must disprove that evidence on the balance of probabilities. Under the NSW workers compensation costs regime, where multiple defendants are parties and no offer complying with reg 109 of the Workers Compensation Regulation 2010 has been made, the general rule in reg 106 applies and parties bear their own costs. Where reg 106 prevents a plaintiff recovering costs against one defendant, s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 does not permit that defendant to be ordered to contribute to costs payable by the other defendant.
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