Astley v Austrust Limited

[1999] HCA 6
Judgment date
Case number
A65/1997
Before
Gleeson CJ, McHugh, Gummow, Hayne, Callinan JJ
Catchwords

Negligence – Contributory negligence – Concurrent liability in contract and tort – Whether award of damages for breach of contract may be reduced under apportionment legislation – Wrongs Act 1936 (SA), s 27A.

Negligence – Contributory negligence – When available – Whether solicitor's client guilty of contributory negligence – Failure to take proper care of own interests – Defendant's duty to take reasonable care in contract and tort – Plaintiff's loss the very kind protected by defendant's duty.

Contracts – Solicitor and client – Whether duty to exercise reasonable care and skill should be implied as a term.

Contracts – Defences – Contributory negligence not available.

Words and phrases – "Fault".

Wrongs Act 1936 (SA), s 27A.