NEWS: Injured woman wins huge compensation payout against council for car park fall.
Case : Cavric v Willoughby City Council  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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