Hanson v Tamworth Regional Council [2011] NSWDC 72

Hanson v Tamworth Regional Council [2011] NSWDC 72

Due to genuine difficulties with expert evidence in a complex construction negligence case, and by consent of both parties, the hearing date is vacated, evidence timetable extended, and the matter is stood over for further directions to ensure readiness and compliance with pleading requirements, particularly concerning proportionate liability.

Parties
First Plaintiff: Geoffrey Hanson; Second Plaintiff: Christine Hanson; Defendant: Tamworth Regional Council
Jurisdiction
Australia
Judgment Date
09 May 2011
Procedural Posture
Civil / Interlocutory/pre Trial Directions
Outcome
Procedural orders made; hearing date vacated; evidence timetable extended; costs reserved; matter stood over for directions.
Legal Topics
Negligence, Proportionate Liability, Case Management, Building and Construction
Tort Law Civil Procedure Negligence Proportionate Liability Case Management Building and Construction

Case Brief

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Parties

Geoffrey Hanson

First Plaintiff

Christine Hanson

Second Plaintiff

Tamworth Regional Council

Defendant

Procedural Posture

Civil / Interlocutory/pre Trial Directions

Legal Issues

  1. 1 Whether the defendant council owed and breached a duty of care to the plaintiffs regarding the maintenance and inspection of storm water pipes leading to property damage
  2. 2 Whether the claim is barred by the Limitation Act 1969 (NSW) for damage before 2 October 2003
  3. 3 Whether the Civil Liability Act 2002 (NSW) proportionate liability provisions limit the council’s liability

Ratio Decidendi

Due to genuine difficulties with expert evidence in a complex construction negligence case, and by consent of both parties, the hearing date is vacated, evidence timetable extended, and the matter is stood over for further directions to ensure readiness and compliance with pleading requirements, particularly concerning proportionate liability.

Court Disposition

Procedural orders made; hearing date vacated; evidence timetable extended; costs reserved; matter stood over for directions.

Orders

  • Grant leave to file in court the affidavit of Susan Gai Moran dated 6 May 2011.
  • On the application of the plaintiffs, and consented to by the defendant, the hearing of these proceedings on 1 August 2011 is vacated.