Leichhardt Municipal Council v Montgomery

In the case of *Leichhardt Municipal Council v Montgomery*, the plaintiff, Mr. Montgomery, suffered injuries, particularly to his left knee, after falling due to a broken pit cover. The plaintiff alleged that the Leichhardt Municipal Council owed him a non-delegable duty of care as a road authority that had undertaken work involving a risk to road users, and that this duty had been breached. The primary judge found in favour of the plaintiff, determining that the Council was liable for the injuries sustained.

The legal issues before the court concerned whether the Council owed a non-delegable duty of care to pedestrians in relation to road works that posed a risk, and if so, whether that duty had been breached. Additionally, the court was required to consider the assessment of damages, specifically the adequacy of the primary judge's reasons regarding future economic loss and the application of section 13 of the *Civil Liability Act 2002* in determining such awards.

The primary judge found that the Council owed the plaintiff a non-delegable duty of care, relying on the precedent set in *Roads & Traffic Authority v. Scroop*. This duty was found to have been breached, and no contributory negligence was attributed to the plaintiff. In assessing damages, the primary judge found that the plaintiff's severe knee injury, including a ruptured anterior cruciate ligament and torn medial meniscus, was a direct result of the accident, not a subsequent work-related incident. The primary judge awarded damages for past economic loss based on various periods of incapacity and light duties, and addressed future economic loss by referencing section 13 of the *Civil Liability Act 2002*, which mandates that assumptions for future economic loss must accord with the claimant's most likely future circumstances and be adjusted for the percentage possibility of events occurring.

The appeal was dismissed, with the Court upholding the primary judge's decision and awarding costs to the respondent.