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Article: Councils, Contractors & Clauses.(Bitupave Ltd )
- Article from:
- Mondaq Business Briefing
- Article date:
- April 15, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The decision in Browning v Bitupave Ltd & Cessnock City Council & Anor [2008] NSWSC 19 proves instructive in the areas of the scope of a Council's duty and contractual indemnity clauses.
Facts
The plaintiff, Browning, suffered serious injuries, including brain damage, when she lost control of her car whilst driving along Lovedale Road in the Hunter Valley, New South Wales at approximately 7.30am on 11 May 2002.
The accident occurred near road works being carried out by Bitupave Limited (Bitupave) under a contract it had with Cessnock City Council (Council).
At the time of the accident, Bitupave was carrying out resealing works which ...