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Published by Chad Farah
Jan 14, 2019 in Insurance

The edge that separates what is ‘obvious’ from what is ‘significant’

If a defect is deemed obvious, does it also mean that it was 'not insignificant' so as to warrant remedial action on the defendant's part? Does the history surrounding the defect play a role in determining whether remedial action ought to have been taken? The Court of Appeal has revisited these issues in the following case. Judgment Date: 18 December 2018Citation: Bruce v Apex Software Pty Limited t/as Lark Ellen Aged Care [2018] NSWCA...
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