Doyle’s Farm Produce Pty Ltd v Murray Darling Basin Authority (No 2) [2021] NSWCA 246

Doyle’s Farm Produce Pty Ltd v Murray Darling Basin Authority (No 2) [2021] NSWCA 246

Neither the Murray Darling Basin Authority nor its delegates are 'public or other authorities' for the purposes of s 41 of the Civil Liability Act 2002 (NSW). Section 41(e) refers to bodies constituted under New South Wales legislation; s 41(e1) is confined to natural persons exercising public official functions of the State. There is no support in the text, context, or purpose of the legislation to extend Part 5's protections to federal bodies or their delegates acting under Commonwealth law.

Jurisdiction
Australia
Judgment Date
12 October 2021
Procedural Posture
Appeal and Special Case / Determination of Separate Questions and Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed. Separate questions answered: both the Authority and its delegates are not public or other authorities under s 41. Costs awarded to plaintiffs/respondents.
Legal Topics
['negligence—public Authority Liability' "definition of 'public or Other Authority'" 'interaction of State Legislation and Commonwealth Entities' 'constitutional Inconsistency (s 109)' 'operation of Judiciary Act S 64 and S 79' 'procedural Appropriateness of Separate Questions']
['tort Law' 'constitutional Law' 'civil Procedure'] ['negligence—public Authority Liability' "definition of 'public or Other Authority'" 'interaction of State Legislation and Commonwealth Entities' 'constitutional Inconsistency (s 109)' 'operation of Judiciary Act S 64 and S 79' 'procedural Appropriateness of Separate Questions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal and Special Case / Determination of Separate Questions and Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the Murray Darling Basin Authority or its delegates are a 'public or other authority' within the meaning of s 41 of the Civil Liability Act 2002 (NSW)" 'If so, whether Part 5 of that Act applies or is displaced by s 64 of the Judiciary Act 1903 (Cth) or s 109 of the Constitution']

Ratio Decidendi

Neither the Murray Darling Basin Authority nor its delegates are 'public or other authorities' for the purposes of s 41 of the Civil Liability Act 2002 (NSW). Section 41(e) refers to bodies constituted under New South Wales legislation; s 41(e1) is confined to natural persons exercising public official functions of the State. There is no support in the text, context, or purpose of the legislation to extend Part 5's protections to federal bodies or their delegates acting under Commonwealth law.

Court Disposition

Application for leave to appeal dismissed. Separate questions answered: both the Authority and its delegates are not public or other authorities under s 41. Costs awarded to plaintiffs/respondents.

Orders

  • ['Dismiss the summons seeking leave to appeal with costs.' "Answer the reserved questions: (1) The First Defendant is not a 'public or other authority' within s 41; (2) Delegates of the First Defendant are not a 'public or other authority' within s 41; (3) The alternative constitutional question does not arise."...