Eddy v Goulburn Mulwaree Council

In *Eddy v Goulburn Mulwaree Council*, the Court of Appeal of New South Wales considered an appeal concerning a claim in negligence. The appellant, Eddy, had suffered injury and sought damages from the respondent, Goulburn Mulwaree Council. The central dispute revolved around whether the Council could rely on a defence under section 45 of the *Civil Liability Act 2002* (NSW).

The primary legal issue before the Court of Appeal was the interpretation of section 45 of the *Civil Liability Act 2002* (NSW), specifically the requirement that a defendant must have had "actual knowledge of the particular risk" that materialised and caused the harm. The Court had to determine the extent of specificity required by the phrase "particular risk" in the context of the Council's knowledge.

The Court of Appeal allowed the appeal, finding that the District Court had erred in its application of section 45. The Judges reasoned that the defence under section 45 requires actual knowledge of the specific risk that eventuated, not merely a general awareness of a potential danger. The Court held that the District Court had not correctly assessed whether the Council possessed the requisite actual knowledge of the particular risk that caused the appellant's injury. Consequently, the Court set aside the orders of the District Court and remitted the matter for redetermination according to law.