The duty of care of highway authorities formulated in Brodie v Singleton Shire Council extends beyond road users to adjoining landowners who may be foreseeably injured by the authority's negligent acts or omissions in respect of matters on the road under its care, management and control. A highway authority that is on notice of damage being caused by tree roots on its road verge to an adjoining property's retaining wall, and fails to inspect or take remedial action, is liable in negligence. Where a High Court decision changes the law between trial and appeal, an appellant may rely on the changed law where the pleadings raised the relevant issues and the respondent suffers no prejudice.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.