Blacktown City Council v Cauchi

Blacktown City Council appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the Council's liability for injuries sustained by Mr Cauchi, who had fallen into a stormwater drain on a public reserve managed by the Council. Mr Cauchi had been walking across the reserve at night when he fell into the uncovered drain, suffering significant injuries.

The Court of Appeal was required to determine whether the Council had breached its duty of care to Mr Cauchi. Specifically, the court considered whether the Council had taken reasonable steps to ensure the safety of users of the reserve, particularly in relation to the uncovered stormwater drain, and whether the Council's actions or omissions were causative of Mr Cauchi's injuries.

The Court of Appeal found that the Council had been negligent. It reasoned that the Council, as the occupier of the reserve, owed a duty of care to persons lawfully on the land. The court held that the Council had failed to take reasonable precautions to prevent foreseeable harm, noting that the drain presented a significant hazard, especially at night. The Council's failure to adequately fence or cover the drain, or to provide sufficient lighting, was considered a breach of its duty. The court also found that this breach was the direct cause of Mr Cauchi's fall and injuries.

The appeal was dismissed, and the decision of the Supreme Court in favour of Mr Cauchi was upheld.