Kennedy v Shire of Campaspe

In the matter of Kennedy v Shire of Campaspe, the plaintiff, Kennedy, brought an action against the defendant, the Shire of Campaspe, following an incident where she tripped on an elevated lip between pavers on a public footpath. Kennedy sought compensation for her injuries, claiming that the Shire breached its statutory duty to inspect, maintain, and repair the footpath under the Road Management Act 2003. The case was heard in the County Court of Victoria, presided over by Justice Ferguson.

The primary legal issues for the court to determine were whether the Shire had breached its statutory duty, whether any statutory defences applied, and if Kennedy's injuries were caused by the alleged breach. The court needed to consider the statutory obligations under sections 39, 40, 102, 103, 105, and 115 of the Act, the standards specified in the road management plan, the frequency and adequacy of inspections, and whether the Shire had actual knowledge of the risk. Additionally, the court had to assess whether the subsequent inspection, which occurred within the permissible timeframe, could cure the earlier breach of duty.

The court found that the Shire had breached its statutory duty to inspect and repair the footpath, as the elevated lip constituted a dangerous condition that was not addressed within the required timeframe. The statutory defences argued by the Shire, including adherence to the road management plan and lack of actual knowledge, were rejected by the court. The court held that the subsequent inspection, although conducted within the permissible timeframe, did not cure the earlier breach. The court distinguished the decision in Hamcor Pty Ltd v State of Queensland, emphasising the importance of proactive compliance with statutory duties. As a result, the Shire was held liable for Kennedy's injuries.

The court ordered the Shire to pay Kennedy compensation for her injuries, costs, and interest. The Shire was also directed to review and improve its inspection and maintenance protocols to prevent future occurrences.