High Court Refuses to Extend Non-Delegable Duties to include Road Authorities and the Public

Stickley, Amanda P. (2007) High Court Refuses to Extend Non-Delegable Duties to include Road Authorities and the Public. The Queensland Lawyer, 27(6), pp. 303-305.

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The law has long recognised that certain relationships give rise to a non-delegable duty of care. It has also been noted that the categories of non-delegable duties are not closed and that if the circumstances of the case satisfy the characteristics of a non-delegable duty, such a duty may be recognised. However, it has been acknowledged that the characteristics of a non-delegable duty are neither precise nor clear.

In Leichhardt Municipal Council v Montgomery [2007] HCA 6 (27 February 2007) the High Court held that the Council as a road authority which had engaged an independent contractor to carry out work, did not owe a non-delegable duty to the plaintiff pedestrian.

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ID Code: 14811
Item Type: Journal Article
Refereed: No
Additional URLs:
ISSN: 0312-1658
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2007 Thomson Legal & Regulatory
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 10 Sep 2008 00:00
Last Modified: 09 Jun 2010 13:04

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