Commonwealth Duty of Care to passengers on Suspected Illegal Entry Vessel

 

 

In December 2010 the Commonwealth of Australia, through Border Protection Command, was conducting an operation in Australian territorial waters in the vicinity of Christmas Island known as “Operation Resolute” which was directed towards responding to identified maritime threats, including irregular maritime arrivals.

 

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Manifest unreasonableness: s. 43A CLA; s. 45 CLA

On 1 January 2010, the appellant, John Douglas Mansfield, drove his fully laden water truck along the single lane track of Greens Crossing Road, just south of Stroud. On crossing over a culvert, the left hand side of the bank gave way, resulting in his truck rolling over into the water course injuring him. The Great Lakes Council was the roads authority responsible for the care and maintenance of Greens Crossing Road, empowered to carry out road work pursuant to s 71 Roads Act 1993 (NSW).

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