MORGAN v LAKE MACQUARIE CITY COUNCIL; LAKE MACQUARIE CITY COUNCIL v HICKS [1993] NSWCA 184

MORGAN v LAKE MACQUARIE CITY COUNCIL; LAKE MACQUARIE CITY COUNCIL v HICKS [1993] NSWCA 184

Council's liability arises in negligence, not nuisance. Council is liable for failing to exercise reasonable care to render harmless or reduce danger from unstable fill on its land, resulting in damage to Hicks' property. Damages are to be assessed so Council does not profit from its own wrong; diminution in value should reflect circumstances absent Council's failure to act reasonably.

Parties
Appellants: Morgan, Alen, De Vitis, Joy, Simpson and Michilis; Respondent (first Case) / Plaintiff (second Case): Hicks; Respondent (first Case) / Appellant (second Case): Lake Macquarie City Council
Jurisdiction
Australia
Judgment Date
02 September 1993
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeals in all cases dismissed with costs.
Legal Topics
Nuisance, Negligence, Right to Support, Damages
Tort Law Local Government Nuisance Negligence Right to Support Damages

Case Brief

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Parties

Morgan, Alen, De Vitis, Joy, Simpson and Michilis

Appellants

Hicks

Respondent (first Case) / Plaintiff (second Case)

Lake Macquarie City Council

Respondent (first Case) / Appellant (second Case)

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether Council is liable for nuisance due to withdrawal of support for land
  2. 2 Whether Council acted reasonably to address hazard arising from unstable fill on public reserve
  3. 3 Appropriate assessment of damages for property affected by landslip

Ratio Decidendi

Council's liability arises in negligence, not nuisance. Council is liable for failing to exercise reasonable care to render harmless or reduce danger from unstable fill on its land, resulting in damage to Hicks' property. Damages are to be assessed so Council does not profit from its own wrong; diminution in value should reflect circumstances absent Council's failure to act reasonably.

Court Disposition

Appeals in all cases dismissed with costs.

Orders

  • Appeal by appellants dismissed with costs.
  • Appeal by Council against judgment in favour of Hicks dismissed with costs.