Astley v Austrust Ltd [1999] HCA 6

Astley v Austrust Ltd [1999] HCA 6

Damages recoverable for breach of contract cannot be reduced on account of contributory negligence under the apportionment of liability legislation where the defendant is concurrently liable in tort and contract; s 27A of the Wrongs Act 1936 (SA) does not apply to claims for breach of contract. Thus Austrust, although guilty of contributory negligence, is entitled to recover in full for its contractual claim.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From Full Court of the Supreme Court of South Australia
Outcome
Appeal dismissed with costs
Legal Topics
['contributory Negligence' 'apportionment of Liability' 'concurrent Liability in Tort and Contract']
['contract Law' 'tort Law' 'professional Negligence'] ['contributory Negligence' 'apportionment of Liability' 'concurrent Liability in Tort and Contract']

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Procedural Posture

Appeal / High Court Appeal From Full Court of the Supreme Court of South Australia

Legal Issues

  1. 1 ["Whether a plaintiff can be guilty of contributory negligence where the defendant has contractually agreed to protect the plaintiff from the very loss or damage which the plaintiff has suffered as the result of the defendant's breach of duty." 'Whether an award of damages for breach of contract may be reduced under apportionment of liability statutes because of contributory negligence on the part of the plaintiff where the defendant is liable concurrently in tort and contract.']

Ratio Decidendi

Damages recoverable for breach of contract cannot be reduced on account of contributory negligence under the apportionment of liability legislation where the defendant is concurrently liable in tort and contract; s 27A of the Wrongs Act 1936 (SA) does not apply to claims for breach of contract. Thus Austrust, although guilty of contributory negligence, is entitled to recover in full for its contractual claim.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']