Brodie & Anor v Singleton Cncl, Ghantos v Hawkesbury C Cncl

The High Court of Australia considered appeals from decisions of the Supreme Court of New South Wales in two separate cases, *Brodie & Anor v Singleton Council* and *Ghantos v Hawkesbury City Council*. Both cases concerned claims for damages arising from injuries sustained by the respective plaintiffs due to alleged negligence on the part of the defendant local councils. In *Brodie*, the plaintiff suffered injuries when a concrete slab, which formed part of a public pathway, collapsed. In *Ghantos*, the plaintiff was injured when she tripped on a raised section of a public footpath.

The central legal issue before the High Court was whether the defendant councils owed a duty of care to the plaintiffs in relation to the maintenance of the public pathways and footpaths, and if so, whether that duty had been breached. Specifically, the Court had to determine the scope of the duty of care owed by a public authority to users of public land, and the test for establishing negligence in such circumstances, particularly in relation to the adequacy of inspections and maintenance.

The High Court, in a joint judgment, clarified the principles governing the liability of public authorities for injuries caused by the state of public land. The Court held that a local council owes a duty of care to members of the public who use public roads and footpaths to take reasonable steps to prevent foreseeable risks of injury. This duty requires the council to exercise reasonable care in the inspection and maintenance of the public ways. The Court emphasised that the standard of care is that of a reasonable council, taking into account the resources available to it and the nature and extent of the risks involved. The Court found that the councils in both cases had failed to exercise reasonable care in the maintenance of the pathways, leading to the injuries sustained by the plaintiffs.

The High Court dismissed the appeals in both *Brodie* and *Ghantos*, upholding the findings of negligence against the respective councils and affirming the damages awarded to the plaintiffs.