Archive for public authority

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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Actual knowledge of a particular risk – s. 45 Civil Liability Act

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A test for whether a public authority owes a duty a care?

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"Actual knowledge"

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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