Campbelltown City Council v Frew

Campbelltown City Council (the Council) appealed a decision in favour of the respondent, Ms Frew, who had suffered injury after slipping while stepping up a tiered seating area at a public swimming pool. Ms Frew had elected to use the tiered seating as steps, despite the availability of intermediate steps. The Council was aware that the tiers were sometimes used in this manner.

The Court of Appeal was required to determine whether the Council had breached its duty of care to Ms Frew. Specifically, the court considered whether the risk of injury from using the tiers as steps was foreseeable, whether the likelihood of such a risk occurring was low, and whether the Council had taken reasonable care to prevent the injury, including the adequacy of the 'nosing' on the tiers.

The Court of Appeal found that while the risk of injury was foreseeable, it was an obvious risk, and the likelihood of it occurring was low. The court reasoned that it was reasonable to expect persons to take care for their own safety when navigating such an environment, particularly when alternative, safer means of access were available. The existing 'nosing' on the tiers was considered adequate, and the Council was not found to have acted unreasonably in not implementing further safety measures.

Consequently, the appeal was allowed.