NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Lee v The Council of the City of Sydney [2024] NSWDC 69 Hearing dates: 7, 8 and 9 November 2023 and 23 February 2024 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Civil Before: Weber SC DCJ Decision: 1. That there be judgment and verdict for the defendant against the plaintiff.
2. The defendant to file and serve any evidence and submissions on the issue of costs on or before 4:00pm on 21 March 2024.
3. The plaintiff to file and serve any evidence and submissions which it wishes to make on the issue of costs on or before 4:00pm on 28 March 2024.
4. The defendant to file and serve any submissions in reply on or before3 April 2024
5. That the submissions in each case not exceed 5 pages in length
6. That the filing of the documents referred to in orders (2), (3) and (4) be effected by way of email transmission to my associate.
7. That any issue as to costs be decided on the papers Catchwords: TORTS - Negligence – s 45 Civil Liability Act – Protection for road authorities – s 5F Obvious risk – s 45A Special Statutory Power Legislation Cited: Civil Liability Act NSW 2002 Roads Act 1993 (NSW) Cases Cited: Bankstown City Council v Zraika (2016) 94 NSWLR 159 Botany Bay City Council v Latham [2013] NSWCA 363 Bowman v Nambucca Shire Council [2020] NSWSC 1121 Brodie v Singleton Shire Council 206 CLR 512 Bruce v Apex Software Pty Ltd [2018] NSWCA 330 Collins v Clarence Valley Shire Council [2015] NSWCA 263 Eddy v Goulburn Mulwaree Council [2022] NSWCA 87 Ghantous v Hawkesbury Council (2001) 206 CLR 512 Mansfield v Great Lakes Council [2016] NSWCA 204 Nevin v B & R Enclosures Pty Ltd [2004] NSWCA 339 Owners Strata Plan v Perrine [2002] NSWCA 324 Rankilor v City of Perth [2016] WASCA 29 Roads and Maritime Services v Grant [2015] NSWCA 138 Roads and Maritime Services v Zraika (2016) 94 NSWLR 159 Roads and Traffic Authority v Dederer 234 CLR 330 Wilkinson v Law Courts Ltd [2001] NSWCA 196 Wells v Council of the City of Orange (No 2) [2017] NSWSC 510 Texts Cited: Nil Category: Procedural rulings Parties: Plaintiff: Christopher Lee Defendant: Council of the City of Sydney trading as City of Sydney Representation: Counsel: Plaintiff: Mr J Phillips SC with Mr L Robison Defendant: Mr S Glascott
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