Hawkesbury Sports Council v Martin

The Hawkesbury Sports Council (appellants) appealed to the New South Wales Court of Appeal against a District Court judgment that found them liable in negligence to Mr. Martin (respondent) for injuries sustained when he tripped over a steel cable. Mr. Martin had been attending a sporting event at a facility managed by the Council. The central dispute concerned whether the Council had breached its duty of care to Mr. Martin by failing to remove or adequately warn of the presence of the steel cable, which was alleged to be a tripping hazard.

The Court of Appeal was required to determine whether the risk of harm posed by the steel cable was "not insignificant," a threshold for establishing a breach of duty under the relevant legislation. This involved considering whether the risk was obvious and whether the Council had taken reasonable precautions. Additionally, the Court examined the admissibility and weight of expert opinion evidence presented by both parties, particularly concerning the visual perception of the risk and the interpretation of photographic evidence depicting the accident scene. The admissibility of photographic evidence relating to lighting and shade conditions at the time of the accident was also a point of contention.

The Court of Appeal found that the risk posed by the steel cable was obvious and that Mr. Martin, as a participant in a sporting event, should have been aware of such potential hazards. The expert evidence, when properly considered, did not establish that the risk was "not insignificant." The Court concluded that the content of the Council's duty of care did not require the removal of the steel cable, as it was a visible and inherent feature of the environment. The Court allowed the appeal, setting aside the District Court's judgment and ordering that the proceedings be dismissed. The respondent was ordered to pay the appellants' costs at first instance and on appeal. The cross-appeal was dismissed.