Coffs Harbour City Council v McLeod

Coffs Harbour City Council appealed to the Court of Appeal of New South Wales against a decision of the District Court in favour of McLeod. The dispute concerned a slip and fall incident where McLeod suffered injuries. The Council challenged the primary judge's factual findings regarding the existence of a slip hazard and the adequacy of precautions taken by the Council to avoid the risk of harm. Additionally, the Council contested the assessment of damages awarded to McLeod.

The Court of Appeal was required to determine whether there were errors of law in the primary judge's findings. Specifically, the Court considered whether the Council had demonstrated more than that the primary judge was arguably wrong, and whether it was reasonably clear that an injustice beyond merely arguable error had occurred. The appeal did not raise any issue of principle or question of general public importance.

The Court refused leave to appeal. While acknowledging that the respondent accepted there was an error in the award of $40,000 for non-economic loss, the parties had agreed that this figure would not be disturbed. Consequently, the applicant was ordered to pay the respondent's costs in the Court of Appeal.