Carey v Lake Macquarie City Council

Carey v Lake Macquarie City Council concerned an appeal to the Court of Appeal of New South Wales regarding a finding of liability in a negligence claim. The appellant, Mr. Carey, had suffered injuries when his bicycle collided with a bollard erected by the respondent, Lake Macquarie City Council, in the middle of a pathway. The central dispute revolved around whether the Council owed a duty of care to cyclists using the pathway and whether this duty had been breached, leading to Mr. Carey's injuries.

The Court of Appeal was required to determine several key legal issues. These included whether the Council owed a duty of care to cyclists in relation to the placement and marking of the bollard, whether the absence of reflector tape on the bollard constituted a breach of that duty, and whether the risk posed by the bollard was so obvious that the Council was not liable. Furthermore, the Court considered whether Mr. Carey had failed to keep a proper lookout, and whether he had voluntarily assumed the risk of injury or was contributorily negligent.

The Court found that the Council did owe a duty of care to users of the pathway, including cyclists, and that this duty extended to ensuring the bollard was adequately visible. The absence of reflector tape was considered a breach of this duty, as it rendered the bollard a hidden danger, particularly in low light conditions. The Court determined that the risk was not so obvious as to absolve the Council of liability, and that Mr. Carey had not failed to keep a proper lookout, nor had he voluntarily assumed the risk or been contributorily negligent to a degree that would reduce the Council's liability.

Consequently, the appeal was upheld, and the verdict and judgment in favour of Mr. Carey were reinstated in the sum of $42,661.00. The respondent, Lake Macquarie City Council, was ordered to pay the appellant's costs of both the appeal and the proceedings in the court below.