NEWS: Landmark decision! Councils can’t hide behind statutory defences on road management plans unless they comply themselves.

Saturday , 31, October 2015 Leave a comment


NEWS: Landmark decision! Councils can’t hide behind statutory defences on road management plans unless they comply themselves.

CASE : Kennedy v Shire of Campaspe

FACTS:
A person tripped over a lip of between 10mm and 12mm (Lip), created by uneven concrete paring sections, sustaining a fracture to her right wrist.
Claimed for damages.

Council argued they have immunity from prosecution in the statutory defences.

HELD : Council MUST prove it has fully complied with its road management plan to rely on statutory defences.

In this case the Shire of Campaspe had not complied with the inspection regime in its road management plan so could not rely on the statutory defences.

Outcome: The case was sent back for determination of the Shires negligence at common law.



%d bloggers like this: