› powers and functions exercised by Council as consent authority for the re-development of a factory complex
› whether Council owed a duty of care to users of the intersection in exercise of its statutory powers
› whether Council breached its duty in discharging its statutory function as to whether conditions should be imposed to avoid risk of traffic conflicts
› whether Modbury principles are applicable
› s 43A Civil Liability Act 2002
TORTS - negligence
› liability of Roads & Maritime Services
› whether RMS owed a duty of care to users of intersection in exercise of its statutory powers
› power to install traffic control device on land adjacent to a main road
› signalisation
› s 43A Civil Liability Act 2002
› whether RMS breached duty of care
Traffic Law
› left turn only sign located within factory complex near a driveway exit
› whether sign had been installed as a condition of development consent
› legal force and effect of sign
› lacuna in Australian Road Rules
› sign merely directory or advisory not regulatory
Case Details
Citation[2015] NSWSC 485
CourtNSWSC
JurisdictionNew South Wales
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