NEGLIGENCE — BREACH OF IMPLIED TERM — accident boarding chairlift — Jones v Dunkel — failure to call doctor — lift ticket — purported contractual exclusion of implied term and liability — s 5N(1) Civil Liability Act — s 68, s 68A, s 68B and s 74 Trade Practices Act — whether Civil Liability Act applies to causes of action for breach of term implied by s 74(1) arising prior to 13 July 2004 — s 109 of the Constitution — duty of care — breach — whether lift operator inattentive — risk of harm from chair arriving in defective state — precaution of lift operator observing state of chair from location near loading point — causation — s 5D — inherent risk — s 5I — dangerous recreational activity — s 5L — risk warning — s 5M — contributory negligence — breach of implied term — damages — pre-accident afflictions — post-accident restrictions — failure to provide records — whether adverse interest should be drawn — economic loss — Sections 12 and 13 of Civil Liability Act — whether rental income and management fees earnings — gratuitous attendant services — lost fees from days absent from work.
Case Details
Citation[2013] NSWSC 727
CourtNSWSC
JurisdictionNew South Wales
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