Ricky Eddy v Goulburn Mulwaree Council and Golden Star Import & Export Pty Ltd [2021] NSWDC 150

District Court New South Wales

Medium Neutral Citation: Ricky Eddy v Goulburn Mulwaree Council and Golden Star Import & Export Pty Ltd [2021] NSWDC 150 Hearing dates: 24 March 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Civil Before: Strathdee DCJ Decision: (1) Judgment for the defendant. (2) Plaintiff to pay defendant's costs as agreed or assessed. (3) Grant liberty to the parties to contact my associate within 14 days if an alternate costs order is sought. Catchwords: TORTS – Negligence – pedestrian fell when a temporary ramp he walked upon moved – proper construction of s 45 of the Civil Liability Act 2002 (NSW) – proper construction of the Roads Act 1993 (NSW) – nature of council's duty of care WORDS AND PHRASES – "particular risk" – Civil Liability Act 2002 (NSW) s 45 Legislation Cited: Civil Liability Act 2002 (NSW) Roads Act 1993 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Botany Bay City Council v Latham (2013) 197 LGERA 211 Collins v Clarence Valley Council (No 3) [2013] NSWSC 1682 Collins v Clarence Valley Council (2015) 91 NSWLR 128 Category: Procedural rulings Parties: Ricky Eddy (Plaintiff) Goulburn Mulwaree Council (First Defendant) Golden Star Import & Export Pty Ltd (Second Defendant) Representation: Counsel: Mr J Wilson (Plaintiff) Mr R Gambi (First Defendant) Ms R Magee, Solicitor (Second Defendant)