Miller v McKeon

In *Miller v McKeon*, the plaintiff, Miller, brought an action in negligence against the defendant, McKeon, who was the Minister for Public Works in Queensland, concerning the construction of a road. The dispute arose from injuries sustained by the plaintiff due to an unprotected cutting along the road. The case was heard before Griffith C.J., Barton and O'Connor JJ.

The central legal issue before the Full Court of the High Court of Australia was whether the defendant, as the Minister responsible for the road construction, had breached a duty of care owed to the plaintiff. Specifically, the court had to determine if the construction of the road, including the unprotected cutting, represented a failure to exercise reasonable care in the circumstances, thereby causing the plaintiff's injuries.

The court found that there was no evidence presented by the plaintiff to establish a breach of duty on the part of the defendant. The judges reasoned that the plaintiff had failed to demonstrate that the cutting was inherently dangerous or that the defendant had not taken reasonable precautions in its construction. Consequently, the court upheld the nonsuit entered at trial, concluding that the plaintiff had not discharged the onus of proving negligence.