Goondiwindi Regional Council v Tait
[2020] QCA 119 · Morrison JA
Ms Tait was riding her motorcycle in a group through a flood-damaged section of the Leichhardt Highway near Goondiwindi when she struck a large pothole and fell, injuring herself. The Goondiwindi Regional Council maintained that stretch of road under a contract with the State. After heavy rain, council workers knew the surface was breaking up and potholes were forming, so they put up temporary "rough surface" and "reduce speed" signs. The signs were not weighed down and had blown over by the time Ms Tait rode through, so she had no warning. The trial court found the Council liable, and the Council appealed. The Court of Appeal dismissed the appeal. It held the Council could not rely on the road authority immunity because it actually knew of the risk of developing potholes, which is why it put up the signs in the first place. The court also rejected arguments about causation and contributory negligence, finding Ms Tait rode carefully. This judgment concerned liability only and did not set out the damages figures.
Incident & injury
Motorcyclist struck a large pothole in a flood-damaged floodway and fell from her motorcycle; council's temporary warning signage had blown over and was not secured.
Read the findings as text
- Signs not weighed down. Blown over before she rode.
- No road authority immunity. It knew of the risk.
- Liability only. Appeal dismissed with costs.
- Body regions
- Multiple regions / generalised
- Incident date
- 25 September 2016
- Location
- Mittengang Creek Floodway, Billa Billa, Leichhardt Highway (approx 47 km north of Goondiwindi)
Quick facts
- Date of judgment
- 5 June 2020
- Claim type
- MAIA
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The Council's appeal against the District Court judgment for the plaintiff motorcyclist was dismissed with costs. The Court of Appeal held that the s 37 Civil Liability Act immunity did not apply because the Council had actual knowledge of the particular risk (developing potholes on a damaged floodway), and rejected the Council's challenges on duty, causation and contributory negligence.
Defendant
1 Goondiwindi Regional Council
Road authority / Occupier
Key issues
Goondiwindi Regional Council v Tait [2020] QCA 119
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