Archive for 5B

Road authority

Wells v Council of the City of Orange (No 2) [2017] NSWSC 510

TORTS – negligence – motor vehicle accident – motorcycle colliding with water-filled barrier at night – duty of care – breach of duty – standard of liability – whether using water-filled barrier manifestly unreasonable – expert evidence – whether failure to comply with Australian Standard determinative – Civil Liability Act 2002 ss 5B, 5D, 5R, 43A, 50, 54 – breach of duty and causation not established – s 43A defence established – s 54 defence established – verdict for defendant.

The proper approach to duty, risk and breach under the Civil Liability Act, 2002

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