Council of the City of Sydney v Hunter

The Court of Appeal of New South Wales, comprising Ward and Emmett JJA and Simpson J, considered an appeal by the Council of the City of Sydney against a District Court decision concerning a pedestrian's claim for damages for negligence. The dispute arose from an incident where the plaintiff alleged he tripped on tree root damage to a footpath, causing him to fall and sustain a knee injury.

The central legal issues before the Court of Appeal were whether the Council, as the local authority responsible for the footpath, had breached its duty of care to the pedestrian by failing to repair the damage caused by tree roots. Additionally, the court had to determine whether the pedestrian had exercised reasonable care for his own safety, specifically considering whether it was open to him to navigate the footpath without stepping on the tree roots. The court also examined the issue of causation, namely whether the pedestrian's knee injury was a direct result of the fall, and whether the plaintiff's subsequent complaint to his general practitioner about a knee injury shortly after the fall supported this claim.

The Court of Appeal found that the Council had not breached its duty of care. The reasoning focused on the pedestrian's own conduct, concluding that he had not taken reasonable care for his safety. The court determined that the condition of the footpath was such that it was open to the pedestrian to pass by without treading on the tree roots, implying that the risk of tripping was either obvious or avoidable through reasonable care. Consequently, the appeal was allowed, the District Court's orders were set aside, and a verdict was entered for the defendant, with the plaintiff ordered to pay the defendant's costs. The respondent was also ordered to pay the applicant's costs of the application for leave and the appeal.