Curtis v Harden Shire Council [2014] NSWCA 314

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Curtis v Harden Shire Council [2014] NSWCA 314 Hearing dates: 25 September 2013 Decision date: 10 September 2014 Before: Bathurst CJ at [1]; Beazley P at [58]; Basten JA at [230] Decision: In each of the matters CA 2012/241825 and CA 2012/241832: 1. Appeal allowed. 2. Set aside the verdict for the respondent made by Fullerton J on 9 July 2012. 3. Remit the matter to the Common Law Division of the Supreme Court for the assessment of damages. 4. Order the respondent pay the appellant's costs of the liability hearing at first instance and of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - negligence - duty of care - breach of duty - whether Civil Liability Act 2002 (NSW), s 43A applied - whether placing certain traffic control signs and omitting other signage involved the exercise of a "special statutory power" - prohibition on any person installing prescribed traffic control devices combined with requirement for statutory authority to undertake such activity

WORDS AND PHRASES - "special statutory power" - Civil Liability Act 2002 (NSW), s 43A