Clarke v Energy Australia

In *Clarke v Energy Australia*, the appellant appealed to the court against a decision concerning injuries sustained when her foot became caught in an embedded footprint in a concrete footpath. The respondent was Energy Australia.

The central legal issue before the court was whether the respondent had acted negligently in repairing the footpath, thereby causing the appellant's injuries. The appellant contended that the repair work was defective, leading to the hazardous condition.

The court found that the evidence overwhelmingly indicated that the respondent had indeed repaired the footpath. However, the appellant failed to establish that the repair work itself was carried out in a negligent manner. Consequently, the court determined that the necessary causal link between the respondent's actions and the appellant's injury, based on negligence in the repair, was not proven.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.