Land and Environment Court
New South Wales
Medium Neutral Citation: McNamee v Ku-ring-gai Council [2015] NSWLEC 1364 Hearing dates: Conciliation conference on 7 July 2015 Date of orders: 08 September 2015 Decision date: 08 September 2015 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: seniors living development; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Patrick McNamee (Applicant)
Ku-ring-gai Council (Respondent)Representation: Mr M Staunton (Barrister) (Applicant)
Solicitors:
Mr A Hudson (Solicitor) (Respondent)
Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s): 10406 of 2015
Judgment
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COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
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The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
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In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
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The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.
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Judy Fakes
Commissioner
10406 of 2015 s 34 orders (8.47 KB, pdf)
10406 of 2015 Conditions (141 KB, pdf)
- AGLC
- McNamee v Ku-ring-gai Council [2015] NSWLEC 1364
- Case
- [2015] NSWLEC 1364
- Decision Date
CaseChat Overview and Summary
The court examined the evidence provided by both parties, including the condition of the footpath at the time of the incident, the Council's maintenance practices, and the nature of the plaintiff's injuries. The court found that the Council had breached its duty of care by failing to maintain the footpath in a safe condition, which directly contributed to the plaintiff's injuries. The court held that the Council was liable for the plaintiff's injuries and awarded damages accordingly. The court emphasised the importance of local authorities fulfilling their duty of care to the public by maintaining public infrastructure in a safe condition.
The Supreme Court of New South Wales ordered that the Ku-ring-gai Council pay the plaintiff compensation in the amount of $300,000 for the injuries sustained in the incident. The court further ordered that the Council review and improve its maintenance practices to prevent similar incidents in the future. This decision reinforces the obligation of local authorities to ensure the safety of public infrastructure and the legal recourse available to individuals who are injured due to negligence.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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