Leichhardt Municipal Council -v- Montgomery [2007] HCA 6

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Facts
  • The council engaged a third part contractor to work on a road
  • Due to their negligent behavior, the contractors left a hazard which injured a passerby
Issue
  • Did the contractor of the road authority owe a non-delegable duty in this instance?
Held
  • No, the general rule of non-delegable duty will not apply to the contractors of Road Transport Authorities, based on construction of the Roads Act
  • Unless a principal/road authority is found on the facts to have a non-delegable duty of care, it will be necessary to show actual negligence on the part of the principal/road authority to establish liability.
  • Note, you will need to look at the construction of the act to see if it is non-delegable

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