Tag: public authority
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Slip and fall on public boat ramp
Bowman v Nambucca Shire Council [2020] NSWSC 1121 The plaintiff brought negligence proceedings against Nambucca Shire Council relating to a slip and fall occurring on 22 February 2015 on the Scotts Head Marine Boat Ramp at Forster Beach, Scotts Head. The defendant had the care, control and management of a boat ramp. The boat ramp was constructed with the…
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Misfeasance in public office, judicial review and damages
[35] First, no general cause of action exists under which public authorities which exceed their jurisdiction are liable in damages for the consequences which they thereby occasion: Macksville & District Hospital v Mayze (1987) 10 NSWLR 708 at 724 per Kirby P. Soon thereafter, in Park Oh Ho v Minister for Immigration and Ethnic…
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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…
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Council not negligent for allowing diving into shallow end of pool
in Recent casesMiller v Lithgow City Council [2014] NSWSC 1579 Negligence – school and pupil – council pool sporting activity – swimming