Plaskitt v Pittwater Council [2012] NSWSC 1356

Supreme Court New South Wales

Medium Neutral Citation: Plaskitt v Pittwater Council [2012] NSWSC 1356 Hearing dates: 12/12/2011-16/12/2011 Decision date: 12 November 2012 Jurisdiction: Common Law Before: Rothman J Decision: (1) Judgment for the defendants on the statement of claim; (2) Cross-claims dismissed; (3) The plaintiff shall pay the defendants' costs of and incidental to the proceedings on a party-party basis; (4) The parties have liberty, within 28 days of these reasons for judgment, to seek different orders as to the payment of costs or orders in relation to any other matter not otherwise dealt with in these orders; (5) Proceedings are otherwise dismissed. Catchwords: TORTS - occupier's liability - council undertaking repairs to footpath owned by other defendants - no issue of principle - risk of harm obvious - no lack of care in construction or repair of footpath - no further precautions required by reasonable person for foreseeable, not insignificant risk of harm Legislation Cited: Civil Liability Act 2002 Occupational Health and Safety Act 2002 Cases Cited: Adeels Palace v Moubarak [2009] HCA 48; (2009) 239 CLR 420 Angel v Hawkesbury City Council [2008] NSWCA 130 Brodie v Singleton Shire Council; Ghantous v Hawkesbury City Council [2001] HCA 29; (2001) 206 CLR 512 Modbury Triangle Shopping Centre v Anzil [2000] HCA 61; (2000) 205 CLR 254 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; (1985) 59 ALJR 492 Richmond Valley Council v Standing [2002] NSWCA 359 Sibraa v Brown [2012] NSWCA 328 Category: Principal judgment Parties: Danielle Plaskitt (Plaintiff) Pittwater Council (First Defendant) C & A Berk Holdings Pty Ltd (Second Defendant) Wechsler Holdings Pty Ltd (Third Defendant) Representation: Counsel: HN Kelly SC/DJ Williams/S Alexandre-Hughes (Plaintiff) R Gambi (First Defendant) R Cavanagh SC (Second and Third Defendants) Solicitors: Carroll & O'Dea Lawyers (Plaintiff) DLA Piper Australia (First Defendant) Holman Webb Lawyers (Second and Third Defendants) File Number(s): 2008/319308