Greater Taree City Council v Craig Michael Peck

Greater Taree City Council (appellant) appealed to the Court of Appeal of New South Wales against a judgment of the Supreme Court of New South Wales which found the Council liable for injuries sustained by Craig Michael Peck (respondent) at a skateboard facility. Mr Peck alleged that the Council had negligently constructed a mound within the facility, which he claimed caused his fall and subsequent injury.

The central legal issues before the Court of Appeal were whether the Council owed a duty of care to Mr Peck in the construction and maintenance of the skateboard facility, whether that duty had been breached, and whether any such breach had caused Mr Peck's injuries. The Court was also required to consider the onus of proof in establishing causation.

The Court of Appeal found that the trial judge had erred in finding that the Council had breached its duty of care. Their Honours reasoned that the evidence did not establish that the mound was constructed negligently or that its design or construction was a cause of Mr Peck's fall. The Court applied the principles of negligence, emphasizing the need for a plaintiff to prove, on the balance of probabilities, that the defendant's breach of duty caused the injury. The Court concluded that Mr Peck had failed to discharge this onus of proof.

Consequently, the appeal was allowed, the judgment of the Supreme Court was set aside, and a verdict was entered in favour of the appellant. Mr Peck was ordered to pay the appellant's costs of the appeal and in the court below. The cross-appeal was dismissed, with the cross appellant ordered to pay the cross respondent's costs of the cross-appeal.