Eddy v Goulburn Mulwaree Council [2022] NSWCA 87
The Council had actual knowledge of the risk that the small, portable ramps being used at the specific site were unstable unless secured, and this risk was sufficiently particular within the meaning of s 45 to defeat the statutory immunity; therefore, the appeal is allowed and the matter remitted for determination of remaining issues.
- Parties
- Appellant: Ricky Eddy; Respondent: Goulburn Mulwaree Council
- Jurisdiction
- Australia
- Judgment Date
- 07 June 2022
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed; matter remitted
- Legal Topics
- Negligence, Defences to Negligence, Civil Liability Act 2002 (nsw) S 45, Actual Knowledge of Risk, Road Authority Immunity
Case Brief
Summary, issues, holding and outcome
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Parties
Ricky Eddy
Appellant
Goulburn Mulwaree Council
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether Goulburn Mulwaree Council had actual knowledge of the particular risk which materialised and resulted in harm, within the meaning of s 45 of the Civil Liability Act 2002 (NSW)
- 2 Level of specificity required for 'particular risk' under s 45
Ratio Decidendi
The Council had actual knowledge of the risk that the small, portable ramps being used at the specific site were unstable unless secured, and this risk was sufficiently particular within the meaning of s 45 to defeat the statutory immunity; therefore, the appeal is allowed and the matter remitted for determination of remaining issues.
Court Disposition
Appeal allowed; matter remitted
Orders
- Appeal allowed with costs.
- Orders (1) and (2) made by the District Court on 30 April 2021 are set aside.
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