Hawkesbury City Council v Ryan

Hawkesbury City Council appealed to the New South Wales Court of Appeal against a judgment of the Supreme Court of New South Wales, which had found the Council liable in negligence for injuries sustained by the respondent, Mr Ryan. Mr Ryan had tripped and fallen on an uneven kerb, sustaining injuries for which he was awarded damages. The central dispute concerned the Council's liability for the condition of the kerb.

The Court of Appeal was required to determine whether the Council owed a duty of care to Mr Ryan in relation to the maintenance of the kerb, and if so, whether that duty had been breached. Specifically, the Court considered whether the Council's inaction constituted nonfeasance, which generally attracts a lesser duty of care than misfeasance, and whether the Council could escape liability by reason of having engaged an independent contractor to perform the work. The Court also reviewed the appropriateness of the damages awarded.

The Court found that the Council had not established that the duty of care, if any, had been delegated to an independent contractor in such a way as to absolve the Council of responsibility. It was held that the Council retained a non-delegable duty to ensure that the work undertaken by the contractor was carried out with reasonable care. The Court also determined that the Council's failure to address the known hazard constituted a breach of its duty of care. However, the Court found that the damages awarded by the primary judge were excessive and reduced the quantum of damages accordingly.

The appeal was allowed in part, with the Supreme Court's judgment being varied to reduce the amount of damages awarded to Mr Ryan.