A new ground of appeal asserting a higher standard of care for a professional driver cannot be raised for the first time on second appeal where it was not pleaded at trial, had no factual foundation in the evidence, and no reasons are presented justifying leave. Section 102(1)(b) of the Civil Law (Wrongs) Act 2002 (ACT) confers a very wide discretion to reduce damages for contributory negligence, and much latitude must be allowed to the trial judge in deciding what is just and equitable.
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