Campbelltown City Council v Bussell by his next friend Kay Bussell

Campbelltown City Council appealed against the apportionment of responsibility determined by the trial judge in proceedings brought by Mr. Bussell, who sued by his next friend, Kay Bussell. The dispute concerned allegations of negligence against the Council and another defendant, and the extent to which each party, including the plaintiff, bore responsibility for the injuries sustained.

The central legal issues before the Court of Appeal were whether the trial judge had erred in apportioning the degrees of responsibility between the first defendant (Campbelltown City Council), the second defendant, and the plaintiff, and whether the findings of negligence against the Council were justified.

The Court of Appeal considered the evidence and the trial judge's findings regarding the duty of care owed by the Council, the breach of that duty, and causation. It examined the principles of contributory negligence and the court's power to apportion responsibility where multiple parties are found to be at fault. The Court analysed the specific circumstances of the case to determine if the apportionment made at trial was fair and reasonable in light of the established negligence and the plaintiff's own conduct.

The Court of Appeal dismissed the appeal, upholding the trial judge's apportionment of responsibility.