NEGLIGENCE - deceased's vehicle passed through exterior fence on second level of commercial car park - fact finding - role of faulty wheel stop in cause of accident - fence non-compliant with relevant standard - role of fence in cause of accident.
DUTY OF CARE AND BREACH - owner of commercial car park - duty owed to users of car park - obligation to inspect for repairs and defects - scope of obligation to take action in response - burden of doing so.
TRADE PRACTICES ACT 1974 (CTH) - implied term - whether contract between driver of vehicle and operator of car park - whether contract for supply of services to consumer - whether wife of deceased driver can bring claim under Compensation to Relatives Act 1897 (NSW) in respect of breach of contract containing term implied by Trade Practices Act - whether such a claim is governed by Civil Liability Act 2002 (NSW).
DAMAGES - nervous shock and claim under Compensation to Relatives Act - relevance of possibility that but for husband's death plaintiff would raise adopted child - plaintiff's economic loss - mixture of contract income and wages - plaintiff's share of late husband's likely income.
Case Details
Citation[2014] NSWSC 1280
CourtNSWSC
JurisdictionNew South Wales
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