McDonald v Shoalhaven City Council

The appeal in *McDonald v Shoalhaven City Council* concerned a claim in negligence brought by the appellant against the respondent. The specific nature of the dispute and the factual background leading to the claim are not detailed in the provided text, but it is clear that the case involved an assessment of the respondent's liability for alleged negligent conduct. The appeal was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the trial judge had erred in their application of the *Civil Liability Act 2002* (NSW), specifically in relation to the assessment of breach of duty under sections 5B(1)(b) and 3B(1)(f). The court was also required to consider whether the trial judge had failed to properly consider relevant evidence when determining causation and whether a derivative duty of care to a rescuer had been established or considered.

The Court of Appeal found that the trial judge had made errors in their determination of the case. The court allowed the appeal, setting aside the verdict and judgment that had been entered for the respondent. The matter was remitted to the District Court for a rehearing. The respondent was ordered to pay the appellant's costs of the appeal, with the costs of the first trial to abide the outcome of the rehearing.