Fairfield City Council v Brown

Fairfield City 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. Brown, who had fallen into a stormwater drain on Council land. Mr. Brown had been walking across a reserve owned by the Council when he fell into an open drain, suffering significant injuries.

The Court of Appeal was required to determine whether the Council had breached its duty of care to Mr. Brown. Specifically, the court had to consider whether the Council had taken reasonable steps to prevent foreseeable harm to persons using its land, and whether the existence of the open drain constituted a dangerous defect for which the Council should be held liable. The question of contributory negligence on the part of Mr. Brown was also a relevant consideration.

The Court of Appeal found that the Council had failed to take reasonable precautions to guard against the foreseeable risk of injury to persons using the reserve. The court held that the Council had a duty to ensure that its land was reasonably safe for its intended use, and that the open drain presented a clear hazard. The court rejected the Council's argument that Mr. Brown had been contributorily negligent, finding that his actions were not unreasonable in the circumstances. The appeal was dismissed.