North Sydney Council v Roman

In *North Sydney Council v Roman*, the Court of Appeal of New South Wales considered an appeal by North Sydney Council against a District Court judgment that had found the Council liable for injuries sustained by the respondent pedestrian who fell into a pothole in a road. The core of the dispute concerned the Council's alleged failure to maintain the road in a safe condition.

The primary legal issue before the Court of Appeal was whether the Council was immune from liability under section 45 of the *Civil Liability Act 2002* (NSW). This section provides a defence to a public authority for an alleged failure to exercise its functions in connection with the maintenance of a public road, unless certain conditions are met. The Court had to determine if the Council's conduct in relation to the pothole fell within the scope of this immunity.

The Court of Appeal allowed the appeal, setting aside the District Court's judgment. The Court reasoned that the Council had not been negligent in its maintenance of the road, and therefore the conditions for the application of section 45 of the *Civil Liability Act 2002* were not met in a way that would impose liability. The Court found that the Council had taken reasonable steps to inspect and maintain the road, and the existence of the pothole did not demonstrate a breach of its duty of care.

Consequently, the Court of Appeal entered judgment for the appellant, North Sydney Council, and ordered that the respondent pay the appellant's costs of both the appeal and the District Court proceedings. The respondent was also granted a certificate under the *Suitors' Fund Act 1951* (NSW).