Coffs Harbour City Council v McLeod

[2016] NSWCA 94

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Discretionary principles
4. › Whether issue of principle or question of general public importance
5. › Whether reasonably clear injustice beyond merely arguable error
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Negligence
2. › Public authority liability
3. › Local council
4. › Footpath maintenance
5. › Slip and fall
6. › Precautions against risk of harm
7. › Whether reasonable person in council's position would have installed barricades and warning lights
8. › Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D
1. Negligence
2. › Public authority liability
3. › Statutory defences
4. › Special statutory power
5. › Whether failure to install barricades involved failure to exercise special statutory power
6. › Whether defence could be raised on appeal when not pleaded at trial
7. › Civil Liability Act 2002 (NSW), s 43A
1. Negligence
2. › Public authority liability
3. › Roads authority
4. › Immunity from liability for failure to carry out roadwork
5. › Actual knowledge of particular risk
6. › Civil Liability Act 2002 (NSW), s 45

Quick Take

A council cannot rely on appeal on a statutory defence under s 43A of the Civil Liability Act 2002 (NSW) based on special statutory powers not pleaded or relied upon at trial. The s 45 roads authority immunity does not apply where the precautions a reasonable person would have taken (barricades and warning lights) do not fall within the definition of 'road work'. Prior complaints to a council about people falling on a wet footpath can establish actual knowledge of the particular risk for the purposes of s 45.