Shield v Warden, Councillors and Electors of the Municipality of Huon [1916] HCA 1

21C.L.R.) OF AUSTRALIA. 109

(HIGH COURT OF AUSTRALIA.)

SHIELD. . ' i . : F . APPELLANT;

PLAINTIFF,

AND

THE WARDEN, COUNCILLORS AND

ELECTORS OF THE MUNICIPALITY RESPONDENTS. OF HUON. 5 : DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF

TASMANIA. Local Government—Neyligence—Drainage—Exercise of statutory powers—Limita- H.C. or A. tion of action —Action not brought within statutory time—Claim for injunction— 1916. Local authorities—Non-feasance—Appeal to High Court—Appealable amount =~

8.) (6 Edw, VII. No. 31}, sec. 231---Roads Hoparr,

—Judiciary Act 1903— Feb. 14, 15, 16.

—Local Government Act 1906 ( Mainteniance Act 1881 (Tas.) {45 Viet. No. 33), sec. 1912 (No. 6 of 1903—No. 31 of 1912), sec. 35 (1) (a) (2).

Sec. 231 (2) of the Local Government Act 1906 (Tas) provides that 'No Griffith 0.J., Barton and

person shall be entitled to recover against a Council or Local Committee any Isaacs Ji damages in respect of any injury to the person or to property alleged to have

been sustained by himself or any other person by reason of the negligence of

the Council or Local Committee in respect of any local work vested in or under

the control of the Council or Local Committee, unless the following conditions

are complied with by him or on his behalf ; namely—(1) Notice in writing that

injury has been sustained shall be given to the Council or Local Committee

within three months, and the action shall be commenced within six months,

from the date on which the injury was sustained," &e.

Heid, that the section applies to a claim for damages in respect of injuries caused to property by reason of the negligence of a local authority in respect of the maintenance of a road which is under the control and management of

the local authority.

In February 1914 the plaintiff brought an action against the defendants, a local authority, alleging, in the first count of his declaration, that the