Leichhardt Municipal Council v Montgomery

Torts – Negligence - Duty of care - Roads authority - Independent contractor employed by roads authority to perform work on public road - Work not extra- hazardous - Independent contractor performed work negligently - Road user injured - Whether roads authority owed road user a non-delegable duty of care - Common features of relationships attracting non-delegable duties of care in common law of Australia - Whether existence of non-delegable duty of care consistent with Brodie v Singleton Shire Council (2005) 206 CLR 512 - Whether exception to general rule that a party is not liable for the negligence of an independent contractor.

Statutes – Interpretation - Roads Act 1993 (NSW) - Nature of powers given to roads authority - Power of roads authority to carry out road work - Right of member of the public to pass along public road - Whether statutory scheme evinced an intention that roads authority owed road user a non-delegable duty of care - Whether statutory scheme inconsistent with existence of a non-delegable duty - Significance of statute for applicable rule of the common law.

Words and phrases – "non-delegable duty of care", "highway rule", "non-feasance rule".

Roads Act 1993 (NSW) – ss 5, 7, 71, 145, 146.