Council MUST prove it has fully complied with its road management plan to rely on statutory defences.
The Court held the car park was not a public road, as under the common law, the land had to be a road before the council acquired it, in this case it was private land and since the acquisition the car park could only become a public road under statute. Which did not occur.
“In ordinary circumstances, a person who sells his home, whether by private treaty or by auction and whether he conducts the negotiations personally or through a real estate agent, would not be said to be undertaking those activities in the course of a trade or business or in a business context.”
HELD : The third party guarantor must have “quality” legal advice, not just any legal advice otherwise it is not enforceable on the guarantor.
Guy claims he was defamed on Face Book in a post that alleged that he was violent, mentally unstable and sociopathic.