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accepted action activities allow application approach Australia authority benefit Bill breach cause claim common concerned considered constitution contract costs Council course Court of Appeal criminal damages dealing decision defendant discussion duty effect established evidence example existing expressed fact further give given held High House important interest interpretation involved issue Judge judgment judicial justice land lawyers legislation liability limited Lord majority matter means ment nature noted NZLR obligations offence particular parties person plaintiff position practice present principle problem procedure proceedings protection question reasonable recent referred regard relation relationship responsibility result risk rule shares Society standard suggested taken tion tort trade trial trust University victims Zealand