In a recent decision, the District Court found that a Council was not liable to a plaintiff who had tripped on a raised paver in a park in Redfern. This case is a useful reminder of the various protections councils…
The Court of Appeal has unanimously allowed both appeals against the decision of the NSW Supreme Court in Lorenzato v Burwood Council [2020] NSWSC 1659. The Supreme Court had held that the Council was liable to the purchaser of a…
In a recent matter in the District Court of NSW, the Court considered a claim of negligence brought against Georges River Council (Council), amongst other parties. The case, while not establishing new law, highlights the importance of integrating risk management…
The ownership and control of public land is varied. It may be owned and managed by a local council, or owned by the Council and managed by the private sector. Alternatively it may be owned by the State government and…
In the recent case of Council of the City of Sydney v Bishop [2019] NSWCA 157, the Court of Appeal has analysed the operation of s5F of the Civil Liability Act 2002 (CL Act). This section sets out the meaning of…
The existence of a duty of care in negligence for a misstatement by a statutory authority was recently considered in Loulach Developments Pty Ltd v Roads and Maritime Services [2019] NSWSC 438, by the NSW Supreme Court. In doing so,…
In a recent decision of the Supreme Court of New South Wales, the special non-feasance protection for roads authorities in s45 of the Civil Liability Act 2002 (CL Act) was held to apply to a Council in respect of an RMS road under…