Brito v Fairfield City Council

Brito appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court of New South Wales. The dispute concerned an action in negligence brought by Brito against Fairfield City Council. Brito, a driver, had failed to comply with a give-way sign at an intersection and subsequently sustained injuries. Brito alleged that the Council, as the responsible traffic authority, had breached its duty of care to him by failing to ensure adequate signage at the intersection, as the give-way sign had been obstructed by a bus at the time of the incident.

The Court of Appeal was required to determine whether the Council owed a duty of care to Brito, and if so, whether that duty had been breached. Specifically, the court had to consider whether the signage at the intersection was adequate, notwithstanding the obstruction by a bus, and whether the Council had taken reasonable steps to ensure the safety of road users in its management of the intersection.

The Court of Appeal upheld the decision of the primary judge, finding that the Council was not in breach of its duty of care. The court reasoned that the presence of a bus obstructing the give-way sign did not, in itself, render the signage inadequate or demonstrate a breach of duty by the Council. The court applied the principles of negligence, considering the standard of care expected of a traffic authority in maintaining road infrastructure and signage. The court concluded that the Council had met the required standard of care and that Brito's own failure to comply with the give-way sign, even with the obstruction, was the cause of his injuries.

The appeal was dismissed with costs.