Archive for negligence

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

Read More→

Advocates' immunity

Legal practitioners – Negligence – Advocate’s immunity from suit – Advice given out of court – Where advice given by advocate led to agreed settlement of proceedings – Where terms of settlement reflected in consent orders made by court and court’s noting of agreement – Where negligence proceedings issued in respect of advice – Whether advocate immune from suit.

Read More→

Council not negligent for allowing diving into shallow end of pool

Miller v Lithgow City Council [2014] NSWSC 1579

Negligence – school and pupil – council pool sporting activity – swimming