Puntoriero v Water Corporation

[1999] HCA 45
Judgment date
Case number
S141/1998
Before
Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ
Catchwords

Statutory corporations – Exclusion of liability – Negligence – Action for conduct done under statute – Whether statutory provision affords immunity from liability arising from the negligent supply of water containing contaminants.

Negligence – Statutory corporation – Action for conduct done under statute – Whether statutory provision affords immunity from liability arising from the negligent supply of water containing contaminants.

Water, water supply and water courses – Powers, duties and liabilities of statutory authorities – Water supply – Whether statutory provision affords immunity from liability arising from supply of water containing contaminants.

Practice and procedure – Action in negligence – Question of causation – Jury trial – Roles of judge and jury – Appeal to New South Wales Court of Appeal – Whether action should be dismissed – Whether jury verdict could be supported on the evidence.

Words and phrases – "substantial".

Irrigation Act 1912 (NSW), ss 3, 15, 23(2).

Supreme Court Act 1970 (NSW), ss 75A, 102, 108.

Water Administration Act 1986 (NSW), ss 4, 7, 12, 12A, 15, 19.