Ricky Eddy v Goulburn Mulwaree Council and Golden Star Import & Export Pty Ltd [2021] NSWDC 150

Ricky Eddy v Goulburn Mulwaree Council and Golden Star Import & Export Pty Ltd [2021] NSWDC 150

The particular risk was the risk that the ramp was susceptible to movement because it was not properly installed or connected. The plaintiff did not prove on the balance of probabilities that the earlier complaints concerned the same ramp, and even if they did, complaints that ramps were unsafe for wheelchair users did not establish the Council's actual knowledge of the specific risk that a person would be injured because the ramp was not properly installed or connected and was susceptible to movement. Section 45 of the Civil Liability Act 2002 (NSW) was therefore enlivened and the Council was entitled to the statutory immunity.

Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Civil Tort Negligence Claim for Damages, Interest and Costs Arising From a Pedestrian Fall on a Temporary Ramp / Preliminary Determination of the First Defendant's Civil Liability Act 2002 (nsw) S 45 Defence Before Hearing Evidence at Trial
Outcome
Judgment for the defendant; the plaintiff's claim failed because Civil Liability Act 2002 (NSW) s 45 was enlivened.
Legal Topics
['pedestrian Fall on Temporary Ramp' 'special Non Feasance Protection for Roads Authorities' 'actual Knowledge of the Particular Risk' 'civil Liability Act 2002 (nsw) S 45' 'roads Act 1993 (nsw)']
['torts' 'negligence' 'civil Liability' 'roads Authorities'] ['pedestrian Fall on Temporary Ramp' 'special Non Feasance Protection for Roads Authorities' 'actual Knowledge of the Particular Risk' 'civil Liability Act 2002 (nsw) S 45' 'roads Act 1993 (nsw)']

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Procedural Posture

Civil Tort Negligence Claim for Damages, Interest and Costs Arising From a Pedestrian Fall on a Temporary Ramp / Preliminary Determination of the First Defendant's Civil Liability Act 2002 (nsw) S 45 Defence Before Hearing Evidence at Trial

Legal Issues

  1. 1 ['Whether Goulburn Mulwaree Council was a roads authority entitled to rely on Civil Liability Act 2002 (NSW) s 45.' "Whether the Council had actual knowledge of the particular risk the materialisation of which resulted in the plaintiff's alleged harm." 'How the particular risk should be identified where the plaintiff alleged that a temporary ramp moved because it was not properly installed or connected.' 'Whether earlier complaints about ramps being unsafe for wheelchair users gave the Council actual knowledge of the particular risk alleged by the plaintiff.']

Ratio Decidendi

The particular risk was the risk that the ramp was susceptible to movement because it was not properly installed or connected. The plaintiff did not prove on the balance of probabilities that the earlier complaints concerned the same ramp, and even if they did, complaints that ramps were unsafe for wheelchair users did not establish the Council's actual knowledge of the specific risk that a person would be injured because the ramp was not properly installed or connected and was susceptible to movement. Section 45 of the Civil Liability Act 2002 (NSW) was therefore enlivened and the Council was entitled to the statutory immunity.

Court Disposition

Judgment for the defendant; the plaintiff's claim failed because Civil Liability Act 2002 (NSW) s 45 was enlivened.

Orders

  • ['Judgment for the defendant.' "Plaintiff to pay defendant's costs as agreed or assessed." 'Grant liberty to the parties to contact my associate within 14 days if an alternate costs order is sought.']