Asanovic v Sydney Water Corporation Ltd

The New South Wales Court of Appeal considered a dispute between Mr. Asanovic and Sydney Water Corporation Ltd. The case concerned the Corporation's liability for damage allegedly caused by a burst water main.

The central legal issue before the Court of Appeal was whether Sydney Water Corporation Ltd owed a duty of care to Mr. Asanovic in relation to the maintenance and operation of its water mains, and if so, whether that duty had been breached, leading to the damage suffered by Mr. Asanovic.

The Court analysed the principles of negligence, particularly in the context of statutory authorities and their responsibilities. It examined the foreseeability of the risk of damage from a burst water main and the reasonableness of the steps taken by the Corporation to prevent such occurrences. The Court considered the evidence presented regarding the age and condition of the water main and the Corporation's maintenance practices.

The Court of Appeal ultimately found in favour of Sydney Water Corporation Ltd, determining that the Corporation had not breached its duty of care to Mr. Asanovic. The appeal was dismissed.