A highway authority's construction of a shopping mall and approval of a supermarket development that increases pedestrian traffic, leading to gradual degradation of an existing footpath's unsealed verges, does not constitute misfeasance — it remains non-feasance attracting the common law immunity. The non-feasance immunity extends to the whole road reserve including footpaths, not merely the carriageway. The immunity remains part of the law of New South Wales, binding on the Court of Appeal, unless and until the High Court decides otherwise or Parliament legislates to remove it.
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