Mark Eade (led by C C Heyworth-Smith KC and D M Cormack) appeared for the appellant, instructed by Hall Payne Lawyers.
This matter concerned a personal injury claim brought by a cyclist who collided with a temporary orange mesh barricade erected by the respondent. The appellant appealed against the primary judge’s decision that his claim failed under s 36(2) of the Civil Liability Act 2003 (Qld). Three issues arose on appeal: first, whether s 36 applies to common law negligence claims; second, whether erecting the barricade was an exercise of a Council function; and third, whether the s 36(2) standard had been breached. The Court held that s 36 did apply to such claims, that the erection of the barricade was an exercise of a Council function and that the s 36(2) standard had been breached.
Doyle JA, with whom Boddice JA and Cooper J agreed, allowed the appeal and entered judgment for the appellant. Costs of the trial and appeal were to follow the event.
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