Kelly v Narrandera Shire Council

The New South Wales Court of Appeal considered the dispute between Mr. Kelly and the Narrandera Shire Council concerning the Council's alleged breach of duty of care in relation to a road. Mr. Kelly suffered injuries when his vehicle left the road and collided with a tree. He alleged that the Council was negligent in its maintenance of the road, specifically concerning the verge and the presence of the tree.

The central legal issues before the Court of Appeal were whether the Council owed a duty of care to road users in relation to the condition of the road verge and the presence of trees adjacent to the road, and if so, whether that duty had been breached. The Court also had to consider whether any such breach was causative of Mr. Kelly's injuries.

The Court of Appeal found that a road authority, such as the Narrandera Shire Council, owes a duty of care to users of the road to maintain it in a reasonably safe condition. This duty extends to the verge and to the removal of hazards, such as trees, that pose an unreasonable risk of danger to road users. In this instance, the Court determined that the Council had failed to take reasonable steps to address the known hazard posed by the tree, which was situated in a position that presented a foreseeable risk of injury to drivers. The Court concluded that this failure constituted a breach of the Council's duty of care and that this breach was a direct cause of Mr. Kelly's injuries.

The Court of Appeal allowed Mr. Kelly's appeal, setting aside the trial judge's finding of no liability and entering judgment for Mr. Kelly. The matter was remitted to the trial court for the assessment of damages.