The Council of the City of Wagga Wagga v Fuller

A highway authority's immunity from liability for nonfeasance extends to artificial structures in the highway that were not installed by the authority itself. The more stringent regime of liability for artificial structures in the highway only applies where the highway authority was responsible for the installation of the structure. Mere ownership of the footpath or even of the pipe does not create liability where the pipe was installed by a private party for the drainage of private property.