New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 75

75 Contributory acts or omissions to reduce compensation in defective goods actions

(1) If the loss or damage to which a defective goods action under section 138 or 139 of the ACL relates was caused by both--

(a) an act or omission of the individual who suffers the injuries referred to in that section or a person for whom that individual is responsible, and

(b) a safety defect of the goods to which the action relates,

the amount of the loss or damage is to be reduced to such extent (which may be to nil) as the court thinks fit having regard to that individual's share in the responsibility for the loss or damage.

(2) If the loss or damage to which a defective goods action under section 140 or 141 of the ACL relates was caused by both--

(a) an act or omission of the person who suffered the loss or damage or another person for whom that person is responsible, and

(b) a safety defect of the goods to which the action relates,

the amount of the loss or damage is to be reduced to such extent (which may be to nil) as the court thinks fit having regard to that person's share in the responsibility for the loss or damage.