https://jade.barnet.au/Jade.html#!sy=304385 Court of Appeal New South Wales Medium Neutral Citation Streller v Albury City Council [2013] NSWCA 348 Hearing Dates 2 July 2013 Decision Date 23/10/2013 Before Meagher JA at [1]; Ward JA at [70]; Emmett JA at [71] Decision Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Courts computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords TORTS - negligence - duty of care - public authority - appellant suffered spinal injury jumping into river using rope swing - accident occurred on Australia Day near events organised by Council - Council aware of presence of rope - whether Council breached duty of care in failing to remove rope or to prevent use of it TORTS - negligence - personal injury - whether risk of harm that materialised an obvious risk within Civil Liability Act 2002, s 5f(1) - whether appellant engaged in a dangerous recreational activity within s 5k - whether Council not liable by reason of s 5L(1)
Posted on: Thu, 24 Oct 2013 08:54:08 +0000
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