Ah Tong v Wingecarribee Council

The dispute in *Ah Tong v Wingecarribee Council* concerned a claim for damages for mental trauma brought by parents whose son died after falling down a cliff at a reserve maintained by the defendant council. The matter was heard in the Court of Appeal of New South Wales, with Giles, Ipp, and Tobias JJA presiding.

The central legal issues before the court were whether the council had been negligent in its maintenance of the reserve. Specifically, the court had to determine whether the council ought to have installed safety fences near the cliff edge, whether warning signs should have been erected, and whether the risk posed by the proximity of the cliff edge to a picnic area and bush path was an obvious one.

The Court of Appeal allowed the appeal, overturning the District Court's verdict and judgment. The court found that the council had been negligent. It reasoned that the risk of a person falling from the cliff was not so obvious as to absolve the council of its duty of care. The council's failure to install safety barriers or adequate warning signs was considered a breach of that duty, leading to the tragic death of the plaintiffs' son.

Consequently, the Court of Appeal entered a verdict and judgment for the claimants in the sum of $40,000 and ordered that the council pay the claimants' costs in both the District Court and the appeal.