Evans Shire Council v Richardson

The Court of Appeal of New South Wales heard an appeal by Evans Shire Council against a judgment in favour of the respondent, Richardson. The dispute arose from injuries sustained by the respondent when she tripped over a mound of dirt located on a non-dedicated Crown road. The central issue was whether the Council owed a duty of care to the respondent in relation to the condition of this road.

The court was required to determine whether the Council had exercised de facto control over the Crown road, and if so, whether this control gave rise to a duty of care to maintain the road in a safe condition. Specifically, the court considered whether there was sufficient evidence to establish that the Council had undertaken maintenance of the road, thereby assuming responsibility for its safety.

The Court of Appeal found that the evidence did not support the conclusion that the Council had exercised de facto control over the road or had undertaken maintenance of it. Consequently, the court held that the Council did not owe a duty of care to the respondent. The appeal was allowed, the verdict and judgment in favour of the respondent were set aside, and judgment was entered for the appellant, Evans Shire Council. The respondent was ordered to pay the costs of the proceedings.