Bankstown City Council v Zraika; Roads and Maritime Services v Zraika

• 1. Negligence
  2. › Motor vehicle collision
  3. › Breach of duty of care
  4. › Driver entering intersection from left-turn-only lane
  5. › Whether overtaking banked-up traffic at speed constituted failure to take reasonable care
  6. › Civil Liability Act 2002 (NSW), s 5B
• 1. Negligence
  2. › Apportionment of liability
  3. › Contribution between tortfeasors
  4. › Relative culpability of drivers at intersection
  5. › Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(2)
• 1. Local Government
  2. › Development consent
  3. › Function of determining applications for development consent
  4. › Whether local council as planning authority owed duty of care to road users
  5. › Whether failure to impose traffic conditions constituted breach
  6. › Environmental Planning and Assessment Act 1979 (NSW), ss 90, 91
• 1. Statutory Authorities
  2. › Civil liability
  3. › Regulatory functions
  4. › Whether s 44 of Civil Liability Act 2002 (NSW) applied to grant of development consent subject to conditions
  5. › Whether grant of conditional consent was failure to exercise regulatory function
  6. › Nature of 'function' at requisite level of specificity
  7. › Civil Liability Act 2002 (NSW), s 44

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