Archive for S 44 CLA

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