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...

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

Hammond v The State of New South Wales [2013] NSWSC 1930 Adamson J    [51]  All parties referred me to the following six-step test identified by McHugh J in Crimmins at [93] and accepted that it was the correct test to apply to determine when the Commonwealth, States,...

"Actual knowledge"

Nightingale v Blacktown City Council [2015] NSWCA 423 Beazley P at [1]; Basten JA at [13]; Macfarlan JA at [57]; Meagher JA at [85]; Simpson JA at [86] Authority of Roman Basten JA In Roman, McColl JA stated: “[55]   It is a reasonable inference that s 45 was intended...