Defendants in intentional tort claims (battery) in NSW cannot rely on contributory negligence to reduce damages where the injury is a direct consequence of the intentional act, as the CLA provisions on contributory negligence (ss 5R, 5S) are excluded by s 3B(1)(a) and the common law does not permit the defence.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
7 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.