Leichhardt Municipal Council v Montgomery

The High Court of Australia considered an appeal by Leichhardt Municipal Council against a decision of the New South Wales Court of Appeal in favour of the respondent, Montgomery. The dispute concerned the Council's liability for injuries sustained by Montgomery when she tripped and fell on a public footpath within the Council's area of responsibility. Montgomery alleged that the Council had been negligent in its maintenance of the footpath, which had a raised section due to tree root intrusion.

The central legal issue before the High Court was whether the Council had breached its duty of care to maintain the footpath in a safe condition. This involved determining the appropriate standard of care owed by a local council for the condition of its footpaths, and whether the Council's actions or omissions in inspecting and repairing the footpath fell below that standard, thereby causing Montgomery's injuries. The Court also considered the application of the principles of negligence in the context of a statutory duty to maintain public infrastructure.

The High Court ultimately found in favour of Montgomery, upholding the decision of the Court of Appeal. The Court reasoned that the Council had a non-delegable duty to maintain its footpaths in a reasonably safe condition. It was held that the Council ought to have known of the defect in the footpath, given the nature of tree root intrusion and the potential for it to create a tripping hazard. The Council's failure to take reasonable steps to inspect and repair the footpath, despite the foreseeable risk of injury, constituted a breach of its duty of care. The Court applied established principles of negligence, including the foreseeability of harm and the reasonableness of the precautions that ought to have been taken.