Upper Lachlan Shire Council v Rodgers [2012] NSWCA 259
Judgment date: 23 August 2012
Jurisdiction: New South Wales Court of Appeal
In Brief
- Section 5B of the Civil Liability Act 2002 (the CLA)needs to be considered in determining negligence. However, this may be implicitly done by reference to how a trial is fought by competent counsel.
- Obviousness of a risk is a factor that may be taken into account when considering the response of a reasonable person.
- The standard of care required of a person who suffered harm is that of a reasonable person in the position of that person as required by s 5R of the CLA. The same principles are applied as when determining breach of duty under s 5B(1) of the CLA.
Background
On the evening of 11 October 2008, the plaintiff (and respondent to…
