Council, Boral in $1.17m payment

LISMORE City Council and Boral have been ordered to pay $1.17 million in compensation after a serious 2006 motorcycle crash.

LISMORE City Council and Boral have been ordered to pay $1.17 million in compensation after the NSW Supreme Court ruled both parties were negligent in leaving loose gravel on Blue Knob Rd which contributed to a serious 2006 motorcycle crash.

At about 4pm on January 22, David Pillinger was riding north along Blue Knob Rd in wet conditions when the veteran motorcyclist, who was 49, lost control and crashed, suffering permanent brain damage.

The Supreme Court heard Boral was awarded a contract by the council on July 21, 2005, to do sprayed bitumen surfacing works on Blue Knob Rd, between 6.1km and 6.5km north of Nimbin.

From November 25 to December 16, 2005, council did preparation works on the road before Boral began work on December 17.

In 2012, Mr Pillinger commenced proceedings in the Supreme Court to sue council and Boral for negligence.

Mr Pillinger's legal team claimed Boral failed to clear gravel from the worksite near Nimbin.

They alleged Lismore City Council's failure to install adequate guttering caused the gravel to wash across the road after heavy rain.

The court also heard evidence from a nearby resident, a fellow motorcyclist and a police officer who attended the crash scene.

Judge J Button wrote in his judgment: "I consider that the written, oral, and documentary evidence establishes that there was a substantial amount of loose gravel on the road."

"There was also a brownish swathe across the road made up of dirt, organic material such as twigs and leaves, road base, and aggregate in the form of gravel.

"Council did not erect a sign that said anything such as, 'Caution - new work' or 'Caution - loose gravel', and there was no such sign facing in either direction on 22 January 2006."

Last week Judge Button ruled in favour of Mr Pillinger and ordered Lismore City Council and Boral to pay $1.17 million in compensation split in a 40:60 ratio.

According to this split, council would have to pay $468,000 and Boral $702,000, to Mr Pillinger. Solicitors for the council and Boral were yet to examine the findings to determine whether they would appeal.