NEWS: Injured woman wins huge compensation payout against council for car park fall

Saturday , 31, October 2015 Leave a comment


NEWS: Injured woman wins huge compensation payout against council for car park fall.

Case : Cavric v Willoughby City Council [2015] NSWCA 182

Issue : Is a car park a public road?

Facts : Car Park Injury

Whilst wheeling a trolley through car park the front wheel of the trolley hit a pothole. This caused the trolley to tilt and the woman falling injuring herself as she tried to protect her child.

Council Claims it’s Not Liable, because car park is a public road.

HELD : Court of Appeal Finds Car Park is NOT a Public Road and awards contributory negligence of $280,000 as compensation.

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.

Further the council could not argue public usage of the car park made it a public road as that would contravene s 178 of the Conveyancing Act 1919 (NSW).



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