A nature strip between a made footpath and a gutter is part of a 'road work' for the purposes of s 45 of the Civil Liability Act 2002 (NSW), and filling a hole in such a nature strip would itself constitute road work. Accordingly, claims for injuries caused by holes in nature strips are subject to the actual knowledge requirement in s 45(1). Where evidence is led without adequate particulars and an adjournment is refused, the party leading the evidence cannot rely on the absence of cross-examination or evidence in reply to remedy shortcomings in the quality of that evidence.
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