Morgan v Lake Macquarie City Council; Lake Macquarie City Council v Hicks

The case of *Morgan v Lake Macquarie City Council; Lake Macquarie City Council v Hicks* [1993] NSWCA 184 concerned appeals from decisions of the Supreme Court of New South Wales. The primary dispute involved claims for damages arising from the negligent construction and maintenance of a retaining wall and associated landscaping by the Lake Macquarie City Council. The plaintiffs, Mr. Morgan and Mr. Hicks, alleged that the Council's actions and omissions led to damage to their properties.

The New South Wales Court of Appeal was required to determine whether the Council owed a duty of care to the plaintiffs in relation to the construction and maintenance of the retaining wall and landscaping, and if so, whether that duty had been breached. The Court also had to consider the principles of causation, specifically whether any breach of duty by the Council had caused the damage suffered by the plaintiffs, and the extent of any recoverable damages.

The Court of Appeal applied established principles of negligence. It found that the Council, as the body responsible for the construction and maintenance of the retaining wall and landscaping, owed a duty of care to adjoining landowners to ensure that these structures were constructed and maintained in a manner that did not cause foreseeable damage. The Court examined the evidence regarding the design, construction, and subsequent maintenance of the wall, concluding that the Council had breached its duty of care by failing to take reasonable steps to prevent the wall from failing. The Court also found that this breach of duty had caused the damage to the plaintiffs' properties.

The Court of Appeal upheld the findings of negligence and causation in favour of the plaintiffs and dismissed the Council's appeals. The orders of the Supreme Court, awarding damages to Mr. Morgan and Mr. Hicks, were affirmed.