Council of the Shire of Gunnedah v Morgan-Moffatt

The Council of the Shire of Gunnedah (the Council) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the Council's liability for injuries sustained by Mr. Morgan-Moffatt when he fell from a swing set located in a public park managed by the Council. Mr. Morgan-Moffatt had been using the swing set, which was allegedly in a state of disrepair, when he suffered his injuries.

The central legal issue before the Court of Appeal was whether the Council had breached its duty of care to Mr. Morgan-Moffatt by failing to maintain the swing set in a safe condition, thereby causing his injuries. This involved determining the standard of care owed by a local council in relation to recreational facilities provided to the public and whether the Council had met that standard in the circumstances of the case.

The Court of Appeal considered the principles of negligence, particularly the duty of care owed by occupiers of land to persons entering their premises. It was held that while a council has a duty to take reasonable steps to prevent foreseeable harm to users of its facilities, this duty does not extend to ensuring absolute safety. The Court examined the evidence regarding the condition of the swing set and the Council's inspection and maintenance procedures. The appeal was dismissed, with the Court finding that the Council had not breached its duty of care. The evidence did not establish that the Council knew or ought to have known of the specific defect that caused the fall, nor that its maintenance procedures were demonstrably inadequate to prevent such an occurrence.