Deepcliffe Pty Ltd & Anor v Council of the City of Gold Coast & Anor [2001] QCA 342

TORTS - THE LAW OF TORTS GENERALLY - DAMAGES - where the erection of parking signs was found to be an unlawful exercise of power - whether the respondent Council's conduct caused the appellants' business to suffer economic loss - where damages sought for lost trade under the torts of nuisance, interference with business by unlawful means, misfeasance in public office and negligence - where appeal from primary judge's rejection of all claims

TORTS - NUISANCE - WHAT CONSTITUTES - PUBLIC NUISANCE - RELEVANT PRINCIPLES - whether the erection of signs restricting parking constituted an unlawful interference with the use or enjoyment of the appellants' land - whether the erection of the signs constituted an actionable nuisance - where neither the erection nor enforcement of the parking restrictions amounted to interference with the appellants' rights of use and enjoyment of the land - the conduct alleged to constitute the nuisance did not deprive patrons the opportunity of attending the restaurant - the tort of nuisance is not made out.

TORTS - MISCELLANEOUS TORTS - INTERFERENCE WITH CONTRACTUAL AND OTHER RELATIONS - RELEVANT PRINCIPLES - whether the tort of interference with business by unlawful means exists in Australia - whether the tort is made out in this case - where the evidence does not establish such a tort

TORTS - MISCELLANEOUS TORTS - MISFEASANCE IN PUBLIC OFFICE - whether the tort of misfeasance in public office was established - where a public officer who has acted without power is not liable for resulting loss merely because the act is done ultra vires - where malice or the intentional infliction of harm should be the actuating motive - where insufficient evidence that the actuating motive of the respondent was an intention to cause harm to the appellants' business

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - LOCAL AUTHORITES - whether the Council owed a duty of care not to be careless in the exercise of its powers to regulate parking and to exercise its powers in such a way as not to cause economic loss to the applicant - where a public authority may be subject to a common law duty of care when it exercises a statutory power or performs a statutory duty - where a duty of care does not arise in relation to acts that reflect the policy making and discretionary elements involved in the exercise of statutory discretions - where the installation and enforcement of parking signs are policy matters to which the tort of negligence does not apply

Local Government Act 1936-1985 (Qld), s 31(18)

Local Government Act 1993 (Qld), s 117(1)(a), s 117(2)(b)

Andrae v Selfridge & Co [1938] 1 Ch 1, referred to

Acrow (Automation) Ltd v Rex Chainbelt Inc [1971] 3 AllER 1175, referred to

Beaudesert Shire Council v Smith [1966] HCA 49; (1969-70) 120 CLR 145, referred to

Benning v Wong (1969-70) 122 CLR 249, referred to

Brodie v Singleton Shire Council [2001] HCA 29, 31 May 2001, considered

Caledonian Collieries Ltd v Speirs [1957] HCA 14; (1957) 97 CLR 202, referred to

Caltex Oil (Australia) Pty Ltd v The Dredge "Willemstad" [1976] HCA 65; (1976) 136 CLR 529, referred to

Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59; (1999) 200 CLR 1, referred to

Deasy Investments Pty Ltd & Anor v Monrest Pty Ltd Appeal No 1659 of 1996, 22 November 1996, considered

Dunlop v Woollahara Municipal Council (1982) AC 158, referred to

Gillingham Borough Council v Medway (Chatham) Dock Co Ltd [1993] QB 343, referred to

Hargrave v Goldman [1963] HCA 56; (1963) 110 CLR 40, considered

J T Stratford & Son Ltd v Linley [1965] AC 269, referred to

Lyons, Sons & Co v Gulliver [1914] 1 Ch 631, considered

Northern Territory of Australia v Mengel (1995) 185 CLR 307, considered

Patrick Stevedores Operations Pty Ltd v The Maritime Union of Australia [1998] WASCC 120, 23 April 1998

Perre v Apand Pty Ltd [1999] HCA 36; (1999) 198 CLR 180, referred to

Pinky's Pizza on the Run Pty Ltd v Pinky's Seymour Pizza & Pasta Pty Ltd Appeal No 8092 of 1997, 17 November 1997

Pyrenees Shire Council v Day [1998] HCA 3; (1998) 192 CLR 330, referred to

Sanders v Snell (1998) 196 CLR 329, considered

The Council of the Shire of Sutherland v Heyman (1985) 157 CLR 425, referred to

Three Rivers District Council v Governor and Company of the Bank of England [2000] UKHL 33; [2000] 2 WLR 1220, referred to

Torquay Hotel Co Ltd v Cousins [1969] 2 Ch 106, referred to

Vanderpant v Mafair Hotel Co [1930] Ch 138, distinguished

Victoria Park Racing and Recreation Grounds Co Ltd v Taylor [1937] HCA 45; (1937) 58 CLR 479, referred to

Wallace Edward Rowling v Takaro Properties Ltd [1980] AC 473, considered

Walsh v Ervin [1952] VicLawRp 47; (1952) VLR 361, distinguished

Yuen Kun Yeu v Attorney-General for Hong Kong [1987] UKPC 16; [1988] 1 AC 175, referred to