NSW Caselaw
Reported Decision : 142 LGERA 271
New South Wales Supreme Court
CITATION : T & H Fatouros Pty Ltd v Randwick City Council [2005] NSWSC 874
HEARING DATE(S) : 26, 27 October 2004
JUDGMENT DATE : 1 September 2005
JUDGMENT OF : Simpson J
DECISION : Verdict for cross-claimant on the cross-claim. Parties to bring in short minutes of order to reflect findings and conclusions and to quantify verdict.
CATCHWORDS : plaintiff awarded damages for personal injury against owner/occupier of defective building - cross-claim by defendant owner/occupier against the local Council - whether Council owed cross-claimant a duty of care - the extent and content of Council's duty of care - whether Council in breach of duty of care to cross-claimant - whether breach of duty of care caused loss or damage to cross-claimant - compliance with Fire Safety Order - construction of stairway - building compliance inspection processes - application of the Building Code of Australia - Council approval of inherently unsafe structure
Civil Liability Act 2002 s43A, s44 Environmental Planning and Assessment Act 1979 s121, s121B, s121H LEGISLATION CITED : Environmental Planning and Assessment Regulation 1994, Part 7B, Clause 80C Law Reform (Miscellaneous Provisions) Act 1946, s5 Local Government Act 1993 s124
Amaca Pty Ltd (formerly known as James Hardie and Coy Pty Ltd) v The State of NSW [2004] NSWCA 124; 132 LGERA 309; Aust Torts Reports 81-749 Council of the Shire of Sutherland v Heyman [1985] HCA 41; 157 CLR 424 Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59; 200 CLR 1 Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (Reg) [1997] HCA 8; 188 CLR 241 Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54; 211 CLR 540 CASES CITED : Parramatta City Council v Lutz (1998) 12 NSWLR 293 Perre v Apand Pty Ltd [1999] HCA 36; 198 CLR 180 Pyrenees Shire Council v Day [1998] HCA 3; 192 CLR 330 Romeo v Conservation Commission (NT) [1998] HCA 5; 192 CLR 432 Vetter v Lake Macquarie City Council [2001] HCA 7; 202 CLR 439
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