NSW Caselaw
New South Wales Court of Appeal
CITATION : GOSFORD CITY COUNCIL v. TIMBS [2000] NSWCA 31 FILE NUMBER(S) : CA 40013/99 HEARING DATE(S) : 23 February 2000 JUDGMENT DATE : 21 July 2000
PARTIES : Gosford City Council (Claimant) Patricia Timbs (Opponent) JUDGMENT OF : Priestley JA at 1; Meagher JA at 17; Powell JA at 22
LOWER COURT JURISDICTION : District Court LOWER COURT DC 70162/97 FILE NUMBER(S) : LOWER COURT Puckeridge DCJ JUDICIAL OFFICER :
COUNSEL : S. G. Campbell (Claimant) J.S. Coombs QC and R.E. Quickenden (Opponent) SOLICITORS : Hunt & Hunt, Lawyers (Newcastle) (Claimant) R. H. Stephen (Green Point) (Opponent) CATCHWORDS : APPEAL AND NEW TRIAL - Leave to appeal - Application for dismissed - Subsequent application to revoke order for dismissal and to grant leave - Whether permissible - HIGHWAYS - Negligence and nuisance - Injuries to user of highway - Liability of highway authority - In respect of what matters - HIGHWAYS - Negligence and nuisance - Injuries to users of highway - Liability of highway authority - Nonfeasance and misfeasance - D DECISION : Order for dismissal revoked. Leave to appeal granted. Appeal upheld.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40013/99 DC 70162/97
PRIESTLEY JA MEAGHER JA POWELL JA
21 JULY 2000
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