Mansfield v Great Lakes Council

Court of Appeal

Supreme Court

New South Wales

• Summary available

Medium Neutral Citation:

Mansfield v Great Lakes Council [2016] NSWCA 204

Hearing dates:

17 June 2016

Decision date:

11 August 2016

Before:

Beazley P at [1];
Basten JA at [2];
Leeming JA at [63]

Decision:

(1)   Dismiss the appeal against the judgment of the District Court given on 6 February 2015.

 

(2)   Order that the appellant pay the respondent’s costs in this Court.

 (3)   Dismiss the cross-appeal.

Catchwords:

TORTS – negligence – motor vehicle accident – public or other authorities – whether failure to exercise a special statutory power – whether failure to carry out roadwork manifestly unreasonable – whether authority ignorant of risk which materialised – whether ignorance itself manifestly unreasonable – Civil Liability Act 2002 (NSW), s 43A

 

TORTS – negligence – roads authorities – non-feasance – whether council immune from liability in failing to carry out roadwork – whether relevant officers had “actual knowledge” of risk which materialised – Civil Liability Act 2002 (NSW), s 45

  TORTS – negligence – causation – absence of road signage – sign indicating narrowness of culvert – sign warning of weight limitations – whether signs would have prevented accident

Legislation Cited:

Civil Liability Act 2002 (NSW), ss 5B, 40, 43A, 45
Roads Act 1993 (NSW), s 71
Road Transport (Safety and Traffic Management) Act 1999 (NSW), s 50
Transport Administration Act 1988 (NSW), Pt 6

Cases Cited:

Curtis v Harden Shire Council (2014) 88 NSWLR 10
Gorringe v Calderdale Metropolitan Borough Council [2004] 1 WLR 1057
Nightingale v Blacktown City Council [2015] NSWCA 423
North Sydney Council v Roman (2007) 69 NSWLR 240; [2007] NSWCA 27
Pyrenees Shire Council v Day (1998) 192 CLR 330; [1998] HCA 3
Stovin v Wise [1996] AC 923

Category:

Principal judgment

Parties:

John Douglas Mansfield (Appellant/Cross-Respondent)
Great Lakes Council (Respondent/Cross-Appellant)

Representation:

Counsel:
Mr P Beale/Ms E Arulrajah (Appellant/Cross-Respondent)
Mr J Turnbull SC/Ms S Warren (Respondent/Cross-Appellant)

  Solicitors:
CMC Lawyers (Appellant/Cross-Respondent)
Mills Oakley Lawyers (Respondent/Cross-Appellant)

File Number(s):

2015/52030

 Decision under appeal 

Court or tribunal:

District Court

Jurisdiction:

Civil

Citation:

[2015] NSWDC 5

Date of Decision:

6 February 2015

Before:

Hatzistergos DCJ

File Number(s):

2011/171609

HEADNOTE

[This headnote is not to be read as part of the judgment]

On 1 January 2010, the appellant, John Douglas Mansfield, drove his fully laden water truck along the single lane track of Greens Crossing Road, just south of Stroud. On crossing over a culvert, the left hand side of the bank gave way, resulting in his truck rolling over into the water course injuring him. The Great Lakes Council was the roads authority responsible for the care and maintenance of Greens Crossing Road, empowered to carry out road work pursuant to s 71 Roads Act 1993 (NSW).

At trial in the District Court in November 2014, Mr Mansfield claimed that the harm he had suffered was a result of the negligence of the Council as the responsible authority. He claimed that the Council had failed to build a sufficiently…