Brodie v Singleton Shire Council
(2001) 206 CLR 512[2001] HCA 29
(2001) 75 ALJR 992
(2001) 180 ALR 145
[2001] Aust Torts Reports 81-607
(2001) 114 LGERA 235
(2001) 33 MVR 289
Between: Scott Munn Brodie and Anor - Applicants
And: Singleton Shire Council - Respondent
Between: Catherine Ghantous - Applicant
And: Hawkesbury City Council - Respondent
Judges:
Gleeson CJ
Gaudron J
McHugh J
Gummow J
Kirby J
Hayne J
Callinan J
Subject References:
NEGLIGENCE
HIGHWAYS
Injuries to user of highway
Liability of highway authority
Whether immunity under the 'highway rule'
Distinction between misfeasance and non-feasance
Duty of care
Statutory authority
Highway authority
Content of duty of care
Relevant considerations
NEGLIGENCE AND NUISANCE
Whether nuisance in relation to public authorities subsumed by the law of negligence
Immunity under 'highway rule'
Misfeasance and non-feasance
Whether liability subsumed in general principles of negligence
PRECEDENT
Stare decisis
High Court
Departure from previous decisions
Relevant considerations
highway rule
immunity
Legislative References:
Local Government Act 1919 (NSW) - ss 220-277B
Judgment date: 31 May 2001
ORDERS
Brodie v Singleton Shire Council - S44/1999
1. Application for special leave to appeal granted.
2. Appeal allowed with costs.
3. Set aside the orders made by the New South Wales Court of Appeal on 16 March 1999.
4. Remit the matter to the New South Wales Court of Appeal for determination of the remaining issues on appeal.
5. The costs of the appeal to the New South Wales Court of Appeal and of the trial to abide the outcome of that appeal.
On appeal from the Supreme Court of New South Wales.
Ghantous v Hawkesbury City Council - S69/1999
1. Application for special leave to appeal granted.
2. Appeal dismissed with costs.
On appeal from the Supreme Court of New South Wales.