Newcastle City Council v Lindsay [2004] NSWCA 198

Tobias JA

50 The respondent also relied upon the reference in the manual to the first of what was there referred to as the three basic control measures generally implemented by councils, namely, to make the area safe by the erection of temporary barriers or barricades. As I have already noted, the appellant had not adopted these guidelines at the time of the accident. In my opinion, notwithstanding that the relevant council officers were aware of this document, its existence did not of itself require the appellant to comply with the relevant guideline if the law did not otherwise require it to do so.


















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