Leichhardt Municipal Council v. Montgomery

Leichhardt Municipal Council (the Council) appealed to the Court of Appeal of the Supreme Court of New South Wales against a District Court judgment that found it liable in negligence to the respondent, Montgomery, for injuries sustained when she tripped and fell on a public footpath. The respondent had alleged that the Council breached its duty of care by failing to maintain the footpath in a safe condition.

The central legal issues before the Court of Appeal were whether the Council owed a non-delegable duty of care to pedestrians regarding the maintenance of footpaths, and if not, whether the Council itself had breached its duty of care in the maintenance of the specific section of footpath where the respondent fell.

The Court of Appeal determined that a road authority's duty of care to pedestrians in relation to the maintenance of footpaths is not a non-delegable duty. Instead, the authority is only liable if it is itself negligent in carrying out its functions. Applying this principle, the Court found that the evidence did not establish that the Council had been negligent in its inspection or maintenance of the footpath. Consequently, the appeal was allowed, the District Court's judgment was set aside, and a verdict and judgment were entered for the Council. The respondent was ordered to pay the Council's costs of the appeal.