Curtis v Harden Shire Council

In *Curtis v Harden Shire Council*, the Court of Appeal of New South Wales considered an appeal concerning a claim in negligence. The dispute arose from an incident where the appellant, Mr. Curtis, suffered injuries. The core of the disagreement involved the respondent council's actions, or omissions, in relation to traffic control signage at the location of the incident.

The primary legal issues before the court were whether the respondent council owed a duty of care to the appellant, and if so, whether that duty had been breached. A significant question was the applicability of section 43A of the *Civil Liability Act 2002* (NSW), which concerns the exercise of statutory powers. Specifically, the court had to determine if the council's decision to place certain traffic control signs and omit others constituted the exercise of a "special statutory power" within the meaning of that section, particularly in light of provisions that prohibit individuals from installing prescribed traffic control devices and require statutory authorities to undertake such activities.

The Court of Appeal found that the council's actions did not fall within the scope of section 43A of the *Civil Liability Act 2002* (NSW). The court reasoned that the council's conduct in relation to the traffic signage did not involve the exercise of a "special statutory power" as contemplated by the Act. Consequently, the council was not afforded the protection offered by that section. The court allowed the appeal, set aside the previous verdict for the respondent, and remitted the matter for an assessment of damages, ordering the respondent to pay the appellant's costs of the liability hearing and the appeal.