NSW Caselaw
New South Wales Court of Appeal
CITATION: Porter v. Lachlan Shire Council [2006] NSWCA 126
HEARING DATE(S): 24 April 2006
JUDGMENT DATE: 24 May 2006
JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Hodgson JA at 3
DECISION: 1. Appeal dismissed. 2. Appellant to pay the respondent's costs of the appeal.
CATCHWORDS: TORTS - NEGLIGENCE - ROADS - Pedestrian injured when he put his foot into a hole in nature strip between formed footpath and gutter - Whether claim was for failure of a roads authority to carry out roadwork within s.45 of the Civil Liability Act 2002 - Whether it was proved that the authority had actual knowledge of the risk.
LEGISLATION CITED: Civil Liability Act 2002, s.45 Roads Act 1993, Dictionary
CASES CITED: Leichhardt Council v. Serratore [2005] NSWCA 406
PARTIES: James Stanley Porter - appellant Lachlan Shire Council - respondent
FILE NUMBER(S): CA 40227/05
COUNSEL: Mr. B.J. Gross QC with Mr. D. Williams for appellant Mr. D. Davies SC with Mr. S.McCarthy for respondent
SOLICITORS: Matthews Williams, Parkes for appellant Phillips Fox, Sydney for respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 955/04
LOWER COURT JUDICIAL OFFICER: Garling DCJ
LOWER COURT DATE OF DECISION: 03/03/2005
LOWER COURT MEDIUM NEUTRAL CITATION: Not applicable
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA40227/05 DC 955/04
BEAZLEY JA GILES JA HODGSON JA
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