Ryall v Cessnock City Council [2014] NSWDC 31

District Court New South Wales

Medium Neutral Citation: Ryall v Cessnock City Council [2014] NSWDC 31 Hearing dates: 4, 5, 6, 7, 8/11/2013 (last submissions 20/01/2014) Decision date: 16 April 2014 Before: Levy SC DCJ Decision: 1.Verdict and judgment for the defendant; 2.The plaintiff is to pay the defendant's costs on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. Catchwords: TORTS - liability of local authority for condition of road - death of motorcyclist on rural road - whether negligence - whether defences made out pursuant to provisions of Civil Liability Act 2002; DAMAGES - assessment of damages under Compensation to Relatives Act 1897 Legislation Cited: Civil Liability Act 2002, s 5B, s 5D, s 45 Compensation to Relatives Act 1897 Roads Act 1993 Cases Cited: Bellingen Shire Council v Colavon Pty Ltd [2012] NSWCA 34 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Colavon Pty Ltd trading as Thorman's Transport v Bellingen Shire Council [2008] NSWCA 355 Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Category: Principal judgment Parties: Diana Louise Ryall (Plaintiff) Cessnock City Council (Defendant) Representation: Mr B McManamey (Plaintiff) Mr P Cummings SC (Defendant) Burridge & Legg (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2012/66686 Publication restriction: None