NSW Caselaw
New South Wales Court of Appeal
CITATION: Leichhardt Municipal Council v. Montgomery [2007] NSWCA 361
HEARING DATE(S): 6 December 2007 JUDGMENT OF: Hodgson JA at 1; Tobias JA at 21; McColl JA at 22
EX TEMPORE JUDGMENT DATE: 6 December 2007
DECISION: 1. Appeal allowed. 2. Order 1 made by the District Court on 16 December 2004 set aside, and in lieu thereof verdict and judgment for the Council. 3. The respondent to pay the appellant's costs of the remitted hearing to this Court and to have a certificate under the Suitor's Fund Act in respect of those costs if otherwise eligible.
CATCHWORDS: NEGLIGENCE - Road authority's duty of care to pedestrians - Not a non-delegable duty - Whether breach by road authority itself proven.
CASES CITED: Wyong Shire Council v. Shirt (1980) 146 CLR 40
PARTIES: Leichhardt Municipal Council - appellant Leslie Montgomery - respondent
FILE NUMBER(S): CA 41190/04
COUNSEL: Mr. P. Garling SC with Mr. R.S. Sheldon for appellant Mr. G. Miller QC with Mr. A. Reoch for respondent
SOLICITORS: DLA Phillips Fox, Sydney for appellant Lloyd & Lloyd, Sydney for respondent
LOWER COURT JURISDICTION: Supreme Court - Court of Appeal
LOWER COURT FILE NUMBER(S): CA 41190/04
LOWER COURT DATE OF DECISION: 8 December 2005
LOWER COURT MEDIUM NEUTRAL CITATION: [2005] NSWCA 432
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41190/04 DC 6766/02
HODGSON JA TOBIAS JA McCOLL JA
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