Central Darling Shire Council v Greeney

Central Darling Shire Council (appellant) appealed a decision of the primary judge who found it liable for injuries sustained by Mr. Greeney (respondent). Mr. Greeney was employed by a subcontractor engaged by the appellant for road maintenance and repair work. His injuries arose from a direction given by an employee of the appellant. The appeal concerned whether the primary judge erred in finding that the appellant owed a duty of care to the respondent, was negligent, and that its negligence caused the respondent's injury. The appeal also questioned the apportionment of responsibility between the appellant and the subcontractor.

The central legal issues before the Court of Appeal were whether the primary judge had erred in: (1) finding that the appellant owed a duty of care to the respondent; (2) finding that the appellant was negligent in its conduct; (3) finding that the appellant's negligence caused the respondent's injury; and (4) apportioning responsibility between the appellant and the subcontractor.

The Court of Appeal, comprising Macfarlan JA, Sackville AJA, and Beech-Jones J, dismissed the appeal. The court affirmed the primary judge's findings that the appellant owed a duty of care to the respondent, that the appellant breached that duty through the negligent direction given by its employee, and that this negligence caused the respondent's injuries. The court also upheld the primary judge's apportionment of responsibility. The appeal was dismissed with costs.