JAMES v COFFS HARBOUR CITY COUNCIL [2007] NSWDC 34

New South Wales District Court

CITATION: JAMES v COFFS HARBOUR CITY COUNCIL [2007] NSWDC 34

HEARING DATE(S): 7-9 March 2007 EX TEMPORE JUDGMENT DATE : 13 March 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Verdict and judgment for the plaintiff in the sum of $5,902.45. 2. Defendant to pay the plaintiff's costs of the proceedings on an ordinary basis suspended for 7 days to allow the defendant to make an application should it so wish. 3. Exhibits released.

CATCHWORDS: Roads authority - Notice of defect at appropriate Council officer level - Overstatement of claim by plaintiff.

LEGISLATION CITED: Civil Liability Act 2002

CASES CITED: Leichhardt Municipal Council v Montgomery [2007] HCA 6

PARTIES: Robert Mark JAMES by his Tutor Lauren Marelle KAY COFFS HARBOUR CITY COUNCIL

FILE NUMBER(S): Newcastle 251/04

C A W Hart - Plaintiff COUNSEL: S Glascott - Defendant

Michael Evers & Co - Plaintiff SOLICITORS: Phillips Fox - Defendant

JUDGMENT

HER HONOUR:

1 In this matter the plaintiff, Robert Mark James, on 26 July 2001 stepped onto the grass at the side of Arthur Street Coffs Harbour after running across the road. Beneath the grass was a drainage pit. The cover of the pit collapsed when Mr James stepped on it.

2 He claims to have suffered significant injuries and disabilities as a result of fall into the pit. He claims that he suffers from pain and disability in his left leg, his left hip, his left ankle and his lower back as a consequence.

3 Mr James holds Coffs Harbour City Council responsible for his injuries.

4 The Council has admitted that it is a roads authority and that it was the roads authority at 26 July 2001 in respect of the drainage pit. The Council has also admitted that on that date the pit was covered by grass.