Actual knowledge of a particular risk under s 45 of the Civil Liability Act 2002 (NSW) may be inferred from the fact that a roads authority inspected works and accepted responsibility for the footpath, where the trip hazard was obvious and the authority called no evidence to rebut the inference. A trial judge must give adequate reasons explaining the resolution of conflicts between oral evidence and documentary evidence (such as tax returns) as to pre-injury earnings when assessing economic loss.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.