Lockhart Shire Council v King

The Supreme Court of New South Wales, Court of Appeal, considered an appeal by Lockhart Shire Council against a judgment entered in favour of the plaintiff, Mr. King, in an action for negligence. The dispute arose from an undulation in a footpath maintained by the Council, which Mr. King alleged caused him to fall and sustain injuries.

The central legal issue before the Court of Appeal was whether the Council had been negligent in its maintenance of the footpath. This required the Court to determine whether the Council had breached its duty of care to pedestrians by failing to address the undulation, and if so, whether that breach had caused Mr. King's injuries.

The Court of Appeal found that the undulation in the footpath was not of such a nature as to constitute a danger that the Council ought reasonably to have foreseen and guarded against. Applying principles of negligence, the Court concluded that the Council had not breached its duty of care. Consequently, the Court allowed the appeal, set aside the verdict and judgment for the plaintiff, and entered a verdict and judgment for the Council. Mr. King was ordered to pay the Council's costs.