Campbelltown City Council v Linknarf Limited (Formerly Franklins Ltd)

Campbelltown City Council appealed to the Court of Appeal of New South Wales against an order that it indemnify Linknarf Limited (formerly Franklins Ltd) under s 151Z(1)(d) of the *Workers Compensation Act 1987* (NSW). The dispute arose from an injury sustained by an employee of Linknarf Limited on a road where the pavement surface had delaminated. The Council contended that it had not breached its duty of care to the injured employee.

The central legal issue before the Court of Appeal was whether the Campbelltown City Council had breached its duty of care owed to the injured employee of Linknarf Limited by failing to maintain the road surface in a safe condition, specifically in relation to the delamination that caused the injury.

The Court of Appeal dismissed the Council's appeal. The reasoning applied by the Court, though not detailed in the provided text, would have involved an assessment of the Council's responsibilities for road maintenance and the foreseeability of harm arising from the delaminated pavement. The Court affirmed the lower court's finding that the Council was liable.

The appeal was dismissed with costs.