Question
Please use relevant case law in NSW Australia to assist. Emily and her friends decided to attend the Broncos game at the Suncorp Stadium. As
Please use relevant case law in NSW Australia to assist. Emily and her friends decided to attend the Broncos game at the Suncorp Stadium. As parking was impossible, they parked at SecureParking, a parking facility. Prior to entering into SecureParking was a sign that noted "cars parked at owners' risk" written in bold. At the entrance was the ticket machine and a security office where the security officer was stationed. Emily was let into SecureParking after she paid and received a ticket. The ticket contained in small prints the words "the terms of this agreement are subject to all the notices on the premises". Emily parked her car, and she hurried off with her friends to see the match. On her return she discovered that her vehicle had been stolen. Apparently, someone else had come in with a fake ticket and had driven out the car when the security officer was asleep. She brought this to the attention of the security officer of SecureParking who was still asleep in the security office. When he awoke, he responded that the parking facility is exempted from all liabilities for damages on cars parked in the facility. He then pointed to the notices on the wall which read "cars are parked at owners' risk" and drew her attention to the other notices and the ticket which stated that "the terms of this agreement are subject to all the notices on the premises". Emily is distraught about the situation.
1. Advise Emily if the exclusion clauses would apply against her.
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