Writer v Ballina Shire Council

The appeal concerned a claim for damages brought by the plaintiff, Writer, against the defendant, Ballina Shire Council. The dispute arose from alleged negligence on the part of the Council. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the trial judge had denied the parties natural justice by relying on the evidence of a sole expert witness without notifying them of this intention, and whether the trial judge had provided adequate reasons for their decision.

The Court of Appeal found that the trial judge's reliance on the sole expert witness's evidence, without affording the parties an opportunity to address that evidence or its implications, constituted a denial of natural justice. Furthermore, the Court determined that the reasons provided by the trial judge were insufficient to allow for a proper understanding of the basis of the decision. The Court of Appeal allowed the appeal.