Precision Products (NSW) Pty Limited v Hawkesbury City Council [2008] NSWCA 278

Reported Decision: 74 NSWLR 102

New South Wales Court of Appeal

CITATION: Precision Products (NSW) Pty Limited v Hawkesbury City Council [2008] NSWCA 278 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 24 July 2008, 25 July 2008

JUDGMENT DATE: 31 October 2008

JUDGMENT OF: Allsop P at 1; Beazley JA at 199; McColl JA at 200

1. Set aside orders 3, 4, 5, 6, 7 and 8 made by the District Court on 26 June 2007 and in lieu thereof order that the plaintiff pay the defendant's costs. DECISION: 2. Otherwise dismiss the appeal. 3. Order that the appellant pay the respondent's costs of the appeal.

CATCHWORDS: STATUTORY POWERS AND DUTIES – exercise of statutory powers and duties – conduct of administrative or public responsibilities – reasonableness – propriety of purpose - NEGLIGENCE – economic loss – proceedings against public authorities in exercise of statutory powers – negligence in performance of statutory powers and duties– whether decision so unreasonable that no public authority could properly consider reasonable exercise of power – Civil Liability Act 2002 s 43A – contributory negligence - DUTY OF CARE – existence of and scope of duty of care – whether duty to exercise care and skill in adhering to text and purpose of statutory scheme – whether breach of statutory duty – whether breach of duty to afford procedural fairness – whether relationship or position of vulnerability - ENVIRONMENTAL PROTECTION – environmental pollution – powers of Council in protection of environment – issuance of notice under Protection of the Environment Operations Act 1997 (NSW) s 91 – precautionary principle – Protection of the Environment Administration Act 1991 (NSW) s 6 - COSTS – indemnity costs – discretion as to indemnity costs – grounds for award of costs on indemnity basis – where inclusive costs offer – conduct of parties – unreasonable conduct – liability for costs of persons not party to proceedings - MEASURE OF DAMAGES (TORT) – assessment of damages for economic loss – mitigation of damages - WORDS & PHRASES – "suspicion"