Fairfield City Council v Bastow Civil Constructions Pty Ltd

[2023] NSWSC 1143

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Statutory Interpretation
2. › Impounding Act 1993 (NSW) (repealed)
3. › whether s 45(3) confers statutory right of action
4. › whether subsection creates exception to statutory extinguishment of right of former owner to sue impounding authority for damages for exercise of power of sale of impounded item
1. Torts
2. › negligence
3. › duty of care
4. › public authority
5. › whether Civil Liability Act 2002 (NSW), 43A engaged
6. › whether liability based on exercise of special statutory power
1. Torts
2. › negligence
3. › standard of care
4. › Civil Liability Act 2002 (NSW), s 43A(3)
5. › whether no public authority could properly consider pleaded acts and omissions a reasonable exercise of its power
6. › multiple failures to keep records leading to sale of impounded vehicle
1. Torts
2. › negligence
3. › Civil Liability Act 2002 (NSW), s 43
4. › whether s 43 applies to actions in negligence