Sydney Water Corporation v Turano

Negligence – Duty of care - Liability of statutory authority - Water main installed under statutory power - Altered subsoil drainage leading to compromise of root system of roadside tree - Approximately 20 years later tree fell on passing vehicle during storm resulting in death to an occupant and personal injury to other occupants of vehicle - Whether death and injury a reasonably foreseeable consequence of installation of water main - Significance of temporal relation between allegedly negligent conduct and injury occurring - Significance of statutory authority's lack of control over the tree in interval between installation of water main and injury - Section 43A of Civil Liability Act 2002 (NSW) addressing civil liability in tort of public or other authorities exercising a "special statutory power" not relied upon.

Words and phrases – "reasonable foreseeability".

Civil Liability Act 2002 (NSW) – ss 5B, 5C, 43A.

Metropolitan Water – Sewerage, and Drainage Act 1924 (NSW), ss 30, 32.