Lake Macquarie City Council v Holt

The Court of Appeal of New South Wales considered an appeal by Lake Macquarie City Council against a judgment awarded to Mr. Holt, who had sustained injuries after falling while jogging on a cycleway maintained by the Council. The central dispute concerned the extent of the Council's duty of care to users of the cycleway and whether Mr. Holt had also failed to take reasonable care for his own safety.

The primary legal issues before the Court were whether the trial judge erred in finding the Council liable for Mr. Holt's injuries, specifically whether the decision in *Ghantous v Hawkesbury City Council* was distinguishable from the present case, and the relevance of expert evidence presented regarding the condition of the cycleway. The Court also had to determine whether the costs should follow the event, meaning the unsuccessful party should bear the costs of the litigation.

The Court of Appeal found that the trial judge had erred in law and fact. It held that the Council had not breached its duty of care to Mr. Holt. The Court distinguished the present case from *Ghantous*, finding that the evidence did not establish that the Council had failed to take reasonable steps to ensure the safety of the cycleway. The Court concluded that Mr. Holt had not established that the Council was negligent and that he had failed to take reasonable care for his own safety.

Consequently, the Court of Appeal upheld the appeal, set aside the verdict and judgment in favour of Mr. Holt, and entered a verdict and judgment for the defendant, Lake Macquarie City Council, with costs. Mr. Holt was ordered to pay the Council's costs of the appeal, but the Council was granted a certificate under the Suitors' Fund Act 1951 for its costs of the application for leave to appeal and the appeal, provided it otherwise qualified.