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Judgment date
Case number
S44/1999
S69/1999
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords
Negligence – Highways - Injuries to user of highway - Liability of highway authority - Whether immunity under the "highway rule" - Distinction between misfeasance and non-feasance.
Negligence – Duty of care - Statutory authority - Highway authority - Content of duty of care - Relevant considerations.
Negligence and nuisance – Whether nuisance in relation to public authorities subsumed by the law of negligence.
Highways – Negligence and nuisance - Immunity under "highway rule" - Misfeasance and non-feasance - Whether liability subsumed in general principles of negligence.
Precedent – Stare decisis - High Court - Departure from previous decisions - Relevant considerations.
Words and phrases – "highway rule" - "immunity".
Local Government Act 1919 (NSW) – ss 220-277B.