Buttita v Strathfield Municipal Council

The plaintiff, Mr Buttita, brought proceedings against Strathfield Municipal Council alleging negligence after sustaining injuries when he slid down a wet slope at the rear of a golf course. The matter was heard by the Supreme Court of New South Wales, Court of Appeal.

The central legal issue before the Court of Appeal was whether the Council had taken reasonable care to make the golf course safe for users, specifically in relation to the condition of the slope after rain. The plaintiff contended that the wet slope constituted a hazard for which the Council was liable.

The Court found that a wet slope on a golf course, particularly after rain, was not a hidden or unusual hazard. It reasoned that golfers would reasonably expect such conditions to exist and that the Council had not failed in its duty of care by allowing the slope to be wet. The Court applied the principle that a defendant is not negligent if the hazard is one that a reasonable person would foresee and take precautions against, and that the condition of the slope did not fall into this category.

The appeal was dismissed, and the plaintiff was ordered to pay the costs of the appeal.