Inverell Shire Council v Keith Lloyd Johnson

Inverell Shire Council (the appellant) appealed to the Court of Appeal of the Australian Capital Territory against a decision of Master Connolly, who had found the Council liable in negligence for personal injuries sustained by Keith Lloyd Johnson (the respondent) on 23 April 1998. The respondent was injured when his motorcycle fell into a table drain on a section of the Gwydir Highway in New South Wales that was under reconstruction by the appellant. The appellant did not dispute its responsibility for the works or their execution, nor did it challenge the assessment of damages awarded to the respondent.

The central legal issue before the Court of Appeal was whether the appellant had breached its duty of care to the respondent by failing to implement adequate precautions to warn motorists, particularly motorcyclists, of the hazardous conditions on the unsealed road surface. The respondent argued that despite the presence of warning signs, the deteriorating conditions, exacerbated by heavy rain, created a particularly dangerous situation that necessitated additional measures, such as the deployment of flagmen, to alert road users to the specific risks, including the soft, boggy, and deeply rutted surface. The appellant contended that the existing signage was sufficient to warn a reasonably careful road user of the general nature of the roadworks and the associated risks.

The Court of Appeal affirmed the Master's findings, reasoning that while the appellant had provided general warning signs, these were insufficient given the specific circumstances on the morning of the accident. The Court noted that the site supervisor had expressed significant concern about the road conditions, prompting him to contact his superior, who in turn issued a radio warning advising motorists to avoid the construction area. The Court found that this radio warning, while helpful, would not have reached all motorists, particularly motorcyclists, and that the existing signs did not adequately convey the specific danger of the road becoming impassable for motorcycles due to boggy conditions. The Court held that the appellant had a duty to take reasonable care for the safety of road users, and in this instance, the deployment of flagmen, who were available on site due to the suspension of other work by the inclement weather, would have been a reasonable and effective precaution to warn particularly vulnerable traffic like motorcyclists of the specific hazards ahead. The Court rejected the appellant's arguments regarding contributory negligence and the impracticality of using flagmen.

The appeal was dismissed with costs.