The 'principles' referred to in s 5R(1) of the Civil Liability Act 2002 (NSW) for determining contributory negligence are limited to those in s 5B and do not include the causation principles in s 5D(1). Section 80(b) of the Evidence Act 1995 (NSW) does not make admissible opinion evidence that fails to satisfy s 79; it merely prevents exclusion solely on the ground that the opinion concerns a matter of common knowledge. Section 126(1) of the Motor Accidents Compensation Act 1999 (NSW) does not prevent an award for future economic loss that includes adjustments for possibilities beyond the claimant's most likely future circumstances, provided the award is 'based' on those most likely circumstances. A 12-year-old child who voluntarily engages in a dangerous activity with some appreciation of risk, under the supervision of a responsible adult, may bear a small proportion (here 10%) of responsibility for contributory negligence.
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