Australian Capital Territory v Kitt

The Australian Capital Territory (the Territory) sought leave to appeal a decision of the Supreme Court of the Australian Capital Territory, which found the Territory liable for injuries sustained by Mr Kitt when he rode his trail bike into a pile of dirt and rubble. Mr Kitt had been riding on an off-road track known to be used as a shortcut by trail bike riders, which the Territory occupied and was aware contained the obstruction.

The legal issues before the court were whether the Territory, as the occupier of the land, had breached its duty of care to Mr Kitt by failing to erect a warning sign about the pile of dirt and rubble, and whether any such breach of duty caused Mr Kitt's injuries. The Territory also raised grounds of appeal concerning the trial judge's finding of liability and the duty to warn.

The court granted leave to appeal, finding that the trial judge erred in law. The reasoning was that Mr Kitt, as the plaintiff, had failed to establish on the balance of probabilities that the erection of a warning sign would have deterred him from riding on the track or caused him to slow down sufficiently to avoid the accident. The court noted that Mr Kitt's own evidence indicated he was approaching a blind corner at a speed that should have alerted him to potential dangers, and there was no precise evidence as to the distance of the obstruction from the corner that would have been mitigated by a sign.