Lane Cove Council v. RTA [2001] NSWSC 30

(2001) 50 NSWLR 714 Reported Decision : (2000) 112 LGERA 190 [2001] NSWSC 30

New South Wales Supreme Court

CITATION : Lane Cove Council v. RTA [2001] NSWSC 30 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4569/00 HEARING DATE(S) : 30-31/01/01 JUDGMENT DATE : 12 February 2001

Lane Cove Council (Plaintiff) PARTIES : Roads and Traffic Authority of New South Wales (Defendant) JUDGMENT OF : Bryson J at 1

COUNSEL : W. Davison S.C. (Plaintiff) J. Nicholas (Defendant) SOLICITORS : Pike Pike & Fenwick (Plaintiff) Clayton Utz (Defendant) CATCHWORDS : VEHICLES and TRAFFIC - Regulation of traffic - traffic signs and notices - local council constructed a partial road closure with associated signage changing the traffic flow to one way traffic with a "No Entry" sign - RTA opposed restriction to one-way and proposed to restore two-way by substituting "Give Way" sign - powers and functions of roads authority to construct traffic control facilities - Roads Act 1993 ss 87, 114, 115, 116 HELD RTA had power to change signage. - LOCAL GOVERNMENT - regulation of traffic - see VEHICLES and TRAFFIC - HIGHWAYS and BRIDGES - regulation of traffic - See VEHICLES and TRAFFIC Roads Act 1993 LEGISLATION CITED : Transport Administration Act 1988 Local Government Act 1919 Associated Provincial Picture Houses Limited v. Wednesbury Corporation [1948] 1 KB 223 Weal v. Bathurst City Council & Anor [2000] NSW CA 88 CASES CITED : Water Conservation and Irrigation Commission v. Browning (1947) 74 CLR 492 Attorney General for New South Wales ex rel Chopin v. North Sydney Municipal Council [1973] 1 NSWLR 186 Mutton v. Ku-ring-gai Municipal Council [1973] 1 NSWLR 233. Attorney General for New South Wales v. Lane Cove Municipal Council (1976) 2 NSWLR 1 DECISION : Orders: I give judgment for the defendant with costs.