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 defective condition, when he suffered his injuries.

The primary legal issues before the Court of Appeal were whether the Council owed a duty of care to Mr. Morgan-Moffatt in relation to the maintenance and safety of the swing set, and if so, whether the Council had breached that duty of care. The Court was also required to consider whether Mr. Morgan-Moffatt's own conduct contributed to his injuries, and if so, to what extent.

The Court of Appeal found that the Council, as the occupier of the park and the provider of the swing set, owed a duty of care to persons using the facilities. This duty extended to taking reasonable steps to ensure the equipment was safe for its intended use. The Court held that the Council had failed to take reasonable precautions to inspect and maintain the swing set, and that this failure constituted a breach of its duty of care. The Court also found that while Mr. Morgan-Moffatt had been contributorily negligent, his negligence was not the sole cause of his injuries. The appeal was dismissed, with the Council's liability affirmed.