Blacktown City Council v Black

Blacktown City Council appealed to the Court of Appeal of New South Wales against a judgment of the District Court that found the Council liable for injuries sustained by the respondent, Mr. Black, in a motorcycle accident. The dispute concerned whether the Council's alleged negligence in maintaining a road was responsible for the accident.

The primary legal issues before the Court of Appeal were whether the trial judge erred in accepting the respondent's account of the events leading to the accident and, consequently, whether the appellant's negligence was established as the cause of the respondent's injuries.

The Court of Appeal found that the trial judge had placed undue reliance on the respondent's uncorroborated evidence, particularly given inconsistencies and the inherent unreliability of an account given by someone who had suffered a significant head injury. The Court determined that a new trial was necessary to properly assess liability, applying the principles of negligence which require proof of duty of care, breach of that duty, and causation.

The appeal was allowed with costs, the District Court's judgment in favour of the respondent was set aside, and a new trial was ordered solely on the issue of liability. The costs of the first trial were reserved to the judge presiding at the retrial, and the respondent was granted a certificate under the Suitor’s Fund Act 1951.