Maycock v Armidale Dumaresq Council [2007] NSWDC 301

New South Wales District Court

CITATION: Maycock v Armidale Dumaresq Council [2007] NSWDC 301

HEARING DATE(S): 17, 18, and 19 September 2007

JUDGMENT DATE: 26 September 2007

JURISDICTION: Civil

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Verdict and judgment for the plaintiff for $67,734.08

CATCHWORDS: NEGLIGENCE - extensive loose gravel left on the road by the Council from roadworks, causing plaintiff on motorcycle to lose traction and fall - no warning signs - the risk was not an obvious risk - the response of the Council to the risk was inadequate - contributory negligence: 20%

LEGISLATION CITED: Civil Liability Act 2002: s 5F, s 5G(1) and s 16(3)

Barisic v Devenport [1978] 2 NSWLR 111 British Fame (Owners) v Macgregor (Owners) (1943) AC 197 at 201 C G Maloney Pty Ltd v Hutton-Potts [2006] NSWCA 136 at [112] CASES CITED: Knight v McLean [2002] NSWCA 314 at [61] Podrebersek v Australian Iron & Steel Pty Limited (1985) 59 ALR 529 at 532-3 Sheldrick v State of New South Wales [2007] NSWCA 105 at [53] Wyong Shire Council v Shirt (1979-80) 48 CLR 40

Mathew Paul Maycock (Plaintiff) PARTIES: Armidale Dumaresq Council (Defendant)

FILE NUMBER(S): 23/05 at Armidale

COUNSEL: Mr G Gemmel (Plaintiff) Mr Hickey (Defendant)

SOLICITORS: Rice Moore & Gibson (Plaintiff) DLA Phillips Fox, Lawyers (Defendant)

JUDGMENT Introduction

1. Mr Maycock was injured in an accident while riding his motorcycle in the streets of Armidale. As he was turning a corner, the front wheel of the motorcycle struck some loose gravel left on the road by the Council from roadworks it was carrying out. Mr Maycock said that the gravel left on the road was excessive. This caused his motorcycle to lose traction, resulting in the accident in which he was thrown off the motorcycle, injuring his left shoulder and damaging his motorcycle. He said that he was not aware of the presence of the loose gravel, and that the Council should have either cleaned it up, or erected appropriate warning signs. He sued the Council alleging negligence.