CONSTITUTIONAL LAW - inconsistency between Commonwealth and State laws - State law restricting the recovery of damages for personal injury - State law limiting liability for negligence - Commonwealth law implying warranty into contract that services will be rendered with due care and skill - the Constitution, s 109 - Civil Liability Act 2002, Parts 1a & 2 - Trade Practices Act 1974 (Cth), s 74(1).
CONSTITUTIONAL LAW - inconsistency between Commonwealth and State laws - whether State law purports to operate on contractual term rendered void by Commonwealth law - the Constitution, s 109 - Civil Liability Act 2002, s 5n - Trade Practices Act 1974 (Cth), s 68(1).
DAMAGES - personal injury - whether Civil Liability Act applies to cause of action for breach of term implied by s 74(1) of the Trade Practices Act arising before 13 July 2004 - general damages - economic loss - domestic assistance - out of pocket expenses.
Case Details
Citation[2013] NSWSC 1463
CourtNSWSC
JurisdictionNew South Wales
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