Cheetham v Shire of Manjimup

Cheetham commenced proceedings against the Shire of Manjimup after suffering injuries while camping at a Shire-managed camping ground. The plaintiff alleged that the Shire was negligent in failing to maintain safe camping facilities, specifically in relation to a tree from which the plaintiff fell. The case was heard in the Supreme Court of Western Australia. The legal issues before the court were whether the Shire owed a duty of care to the plaintiff under the common law and whether the Shire's liability was additionally or exclusively governed by the provisions of the Occupiers' Liability Act 1986 (WA). The court had to determine the scope of the Shire's duty of care under both the common law and the statutory provisions and whether there was any overlap or conflict between the two.

In delivering the judgment, the court held that the Shire did owe a duty of care to the plaintiff under the common law, which was separate from and not limited by the provisions of the Occupiers' Liability Act. The court found that the Act's provisions were not exclusive and that common law principles of negligence could still apply. The court emphasised that the statutory provisions were intended to supplement, not replace, the common law, and that the Act did not preclude a plaintiff from pursuing a common law action where appropriate. The court further found that the Shire's duty of care extended to taking reasonable steps to maintain safe camping facilities, and that the Shire had failed in its duty in this case.

The court held that the Shire was liable for the plaintiff's injuries under both the common law and the Act. The court awarded damages to the plaintiff, reflecting the totality of her losses, including pain and suffering, medical expenses, and loss of earnings. The court noted that the plaintiff's contributory negligence was taken into account in assessing the damages. The court made no orders regarding costs.