Manly Municipal Council v Ward

Manly Municipal Council (the Council) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the Council's liability for injuries sustained by Mr. Ward when he fell from a cliff face within a public reserve managed by the Council. Mr. Ward had been walking in the reserve and had deviated from a marked path to explore a less accessible area, where he fell and suffered serious injuries.

The primary legal issues before the Court of Appeal were whether the Council owed a duty of care to Mr. Ward in respect of the condition of the land, and if so, whether that duty had been breached. Specifically, the court considered whether the Council had taken reasonable steps to prevent foreseeable harm to users of the reserve, particularly in areas not designated for public access. The appeal also concerned the application of the principles of contributory negligence.

The Court of Appeal found that while the Council owed a duty of care to persons using the reserve, this duty did not extend to protecting individuals from risks associated with venturing into obviously dangerous, unmarked areas. The court reasoned that the Council could not be expected to foresee or guard against every conceivable risk, especially when a user deliberately departed from established paths. The court held that Mr. Ward's decision to explore an unmarked and potentially hazardous area constituted a voluntary assumption of risk, and that the Council had not breached its duty of care. The appeal was allowed, and the judgment in favour of Mr. Ward was set aside.