Council Liability: When Poor Pleadings Sink Strong Cases
In this instructive episode of P.I. Case Note, we analyse the New South Wales Court of Appeal decision in Hornsby Shire Council v Salman [2024] NSWCA 155, which demonstrates how even meritorious claims against councils can fail due to inadequate pleadings. The case provides crucial lessons about properly articulating council liability under the Civil Liability Act 2002 (NSW) and the importance of precise pleadings in appeal proceedings.
The Court of Appeal’s analysis reveals how technical deficiencies in pleadings can undermine otherwise valid claims against local councils for injuries on public property. This decision emphasises that identifying the specific statutory or common law duties breached by a council is not merely a formality but a fundamental requirement for establishing liability. The judgment serves as a cautionary tale about the perils of generic or poorly drafted statements of claim, particularly in cases involving statutory authorities with complex immunity provisions.
Listen for our expert breakdown of this council liability decision and its pleading requirements. If you’ve been injured in a public place due to council negligence, having lawyers who understand the technical requirements for suing government bodies is crucial. Contact accident legal for a free consultation—we know how to properly frame claims against councils and navigate their special defences to maximise your chances of success.
