Insights Insights
  1. A reserve is not a “pathway” and statutory defence applies but does not relieve Council for breach of common law obligations in respect of infrastructure

    1 June 2017 | Insurance & Health Law

    Local Council avoids liability for breach of statutory duty but is nevertheless held liable for breach of common law duty of care following trip and fall on stormwater pit in Council reserve. In Issue Whether the reserve was properly classified as...

  2. A win for local authority - Council not liable for plaintiff’s tumble

    24 May 2017 | Insurance & Health Law

    Barry.Nilsson. recently successfully defended a claim against the Brisbane City Council by establishing that the plaintiff's injury was not, as alleged by her, sustained when her foot became entrapped by a protruding object in a park. In Issue Whether

  3. Railway Operator and State Authority found liable in nuisance to the plaintiff for causing erosion and subsidence

    6 April 2017 | Insurance & Health Law

    A claim for nuisance with respect to railway culverts which allegedly resulted in a concentrated flow of water onto the plaintiff's property. In Issue Whether culverts resulted in water being directed to the grazing property of the plaintiff; Whether.

  4. Council liable for developer’s economic loss flowing from issue of inaccurate zoning certificate

    23 January 2017 | Insurance & Health Law

    Local Council held liable for issuing a planning certificate which contained incorrect information even though the certificate was not requested by or issued to the plaintiff. In Issue Whether a local authority owed a duty to a prospective purchaser when.

  5. No duty of care owed by public authority to prevent economic loss when determining water licence application

    28 November 2016 | Insurance & Health Law

    In Issue Whether a public authority owed a duty of care to determine an application for a water licence within a reasonable time frame. The Background In May 2005 Gunns Limited (Gunns) applied for both a permit to construct a dam and for a licence to take