Section 5S — Civil Liability Act 2002 (NSW)

Contributory negligence can defeat claim

In determining the extent of a reduction in damages by reason of contributory negligence, a court may determine a reduction of 100% if the court thinks it just and equitable to do so, with the result that the claim for damages is defeated.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 5P — Division does not apply to duty to warn of risk
s 5Q — Liability based on non-delegable duty
s 5R — Standard of contributory negligence
s 5T — Contributory negligence—claims under the Compensation to Relatives Act 1897
s 6A — Definitions
s 6B — Application of Part

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