Deepcliffe Pty Ltd & Anor v Council of the City of Gold Coast & Anor

[2001] QCA 342

Queensland Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Nuisance
3. › Public nuisance
4. › Erection of parking restriction signs
5. › Whether interference with use or enjoyment of land
6. › Whether conduct deprived patrons opportunity of attending restaurant
7. › Local Government Act 1993 (Qld), s 117
1. Torts
2. › Interference with contractual and other relations
3. › Interference with business by unlawful means
4. › Whether tort exists in Australia
5. › Whether established on the evidence
1. Torts
2. › Misfeasance in public office
3. › Ultra vires act by public officer
4. › Whether actuating motive was intention to cause harm
5. › Whether malice established
1. Torts
2. › Negligence
3. › Duty of care
4. › Local authorities
5. › Exercise of statutory powers to regulate parking
6. › Whether policy or operational matter
7. › Whether duty of care owed not to cause economic loss
8. › Local Government Act 1993 (Qld), s 117
9. › Traffic Act 1949 (Qld), s 12G(1)

Quick Take

The erection of parking restriction signs by a local authority, even if found to be an unlawful exercise of power, does not without more give rise to liability in nuisance, misfeasance in public office, negligence, or interference with business by unlawful means. For misfeasance in public office, malice or intention to cause harm must be the actuating motive — acting ultra vires alone is insufficient. The installation and enforcement of parking signs are policy matters to which the tort of negligence does not apply.