Cavric v Willoughby City Council

The appeal concerned a claim by the plaintiff, Mr Cavric, against Willoughby City Council for injuries sustained in a shopping centre car park. The central dispute revolved around whether the car park constituted a "public road" and, consequently, whether the Council, as its owner, was a "roads authority" for the purposes of the *Civil Liability Act 2002* (NSW). The matter was heard in the Court of Appeal of New South Wales.

The legal issues before the Court of Appeal included whether the car park, used to pass between two streets, qualified as a "public road" under the *Roads Act 1993* (NSW). This involved determining whether the Council was a "roads authority" within the meaning of the *Civil Liability Act 2002* (NSW), and whether the plaintiff's user of the car park was sufficient to establish its existence as a public road under statute. The Court also considered the effect of s 249 of the *Roads Act 1993* (NSW) and s 178 of the *Conveyancing Act 1919* (NSW), and whether case law concerning "public street" and "road" in other legislation was relevant.

The Court of Appeal found that the car park was a public road. It reasoned that the definition of a public road under the *Roads Act 1993* (NSW) was not limited to roads dedicated under common law or statute in the traditional sense. The Court held that the Council, as the owner and responsible authority for the car park, was a roads authority for the purposes of the *Civil Liability Act 2002* (NSW). The Court distinguished the present case from *Stojan (No 9) Pty Ltd v Kenway* [2009] NSWCA 364, finding that the user of the car park was sufficient to establish it as a public road under the relevant statutory provisions.

The Court of Appeal allowed the appeal, setting aside the District Court judgment in favour of the Council. It entered judgment for the plaintiff against the Council in the amount of $285,915.00, with the judgment to take effect from the date of the District Court judgment. The Council was ordered to pay the plaintiff's costs of the trial and the costs of the appeal.