Roman v North Sydney Council (S131/2007)

 
Torts – Civil liability – Appellant injured as a result of falling into a pothole – Section 45 of the Civil Liability Act 2002 (NSW) provides that a roads authority is not liable for harm arising from a failure of the authority to carry out road work, or to consider carrying out road work, unless at the time of the alleged failure the authority had actual knowledge of the particular risk the materialisation of which resulted in the harm – Knowledge of street sweeper – Discussion as to whose knowledge can constitute actual knowledge of the roads authority. Torts – Civil liability – Whether court erred in applying principles regarding corporate criminal or quasi criminal responsibility in relation to acts for which civil liability is relevant. Appealed from NSW CA. [2007] NSWCA 27; (2007) 150 LGERA 419.