Colavon Pty Limited trading as Thormans Transport v Bellingen Shire Council

Colavon Pty Limited, trading as Thormans Transport, appealed to the Court of Appeal of New South Wales against a decision of the District Court concerning liability for a road accident. The dispute arose from an incident where a truck driven by an employee of Colavon overturned, resulting in damage. Colavon alleged negligence on the part of Bellingen Shire Council in its maintenance of the road.

The primary legal issues before the Court of Appeal were whether the trial judge's reasons were inadequate, and whether the Council was immune from liability under section 45 of the *Civil Liability Act 2002* (NSW) for failing to carry out road work. Specifically, the Court had to determine if the installation of guideposts at the side of the road constituted "road work" for the purposes of section 45. The Court also considered whether a new trial was warranted due to the trial judge's alleged failure to adequately address arguments put by the appellant and the conflicting nature of the evidence.

The Court of Appeal found that the trial judge's reasons were inadequate, particularly in relation to the application of section 45 of the *Civil Liability Act 2002*. The Court held that the resolution of the case did not depend entirely on the credibility of witnesses, and that the outcome could not be adequately evaluated from the transcript due to the trial judge's insufficient treatment of the appellant's arguments. Consequently, the Court allowed the appeal, set aside the orders of the District Court, and remitted the matter for a retrial of the issues of liability, excluding the Council's liability for failure to carry out road works and its immunity under section 45. The respondent was ordered to pay the appellant's costs of the appeal.