ASTLEY V AUSTRUST LIMITED [1999] HCA 6
High Court of Australia – 4 March 1999
FACTS
Austrust carried on business as a trustee company and in 1984 became the trustee for a unit trust that traded as a piggery business. The trust failed and Austrust suffered substantial losses as the liabilities of the unit trust exceeded the assets of the unit trust.
Austrust alleged that their former solicitors had given negligent advice and sued the solicitors for breach of contract and negligence.
The solicitors argued that their liability should be reduced as Austrust was also negligent when it became the trustee of the unit trust.
ISSUES
If the Defendant has contractually agreed to protect the Plaintiff can liability be reduced for the Plaintiff’s contributory negligence ?
How would a Defendant protect itself?
FINDING
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