Archive for S 43A CLA

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.

Duty of development consent authority

Bankstown City Council v Zraika; Roads and Maritime Services v Zraika [2016] NSWCA 51


LOCAL GOVERNMENT – development consent – function of determining applications for development consent – whether local council as planning authority owed duty of care – nature of regulatory function for the purposes of Civil Liability Act 2002 (NSW) s 44 – special statutory power for the purposes of Civil Liability Act 2002 (NSW) s 43A – nature of test imposed by s 43A – whether local council liable for failing to impose conditions relating to traffic access to property

NEGLIGENCE – motor vehicle collision at intersection – one driver entered intersection contrary to left turn only arrows marked on road – whether driver failed to take reasonable care – whether breach of duty caused collision – apportionment of liability