s43A – Robert Sheldon SC

Orange City Council v Willis [2026] NSWCA 51 [92] Even if that conclusion were not correct, I would nevertheless not uphold the appeal based on s 43A of the Civil Liability Act. Basten JA stated in Curtis v Harden Shire Council (2014) 88 NSWLR 10; [2014] NSWCA 314 (Bathurst CJ agreeing, Beazley P not deciding):…

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Manifest unreasonableness: s. 43A CLA; s. 45 CLA

Feb 2, 2017

in Civil Liability Act

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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Civil Liability Act: Wednesbury unreasonableness (s43A – NSW)

Aug 29, 2015

in Civil Liability Act

TORTS – negligence – public and other authorities – whether the appellant was immune from statutory liability in the exercise of a special statutory power

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Tag: s43A

Orange City Council v Willis

Manifest unreasonableness: s. 43A CLA; s. 45 CLA

Civil Liability Act: Wednesbury unreasonableness (s43A – NSW)