Mulwaree Shire Council v Bezzina

Mulwaree Shire 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 damages suffered by Mr. Bezzina, who sustained injuries when his vehicle collided with a tree on a road maintained by the Council. Mr. Bezzina alleged that the Council was negligent in its maintenance of the road and the verge adjacent to it.

The Court of Appeal was required to determine whether the Council owed a duty of care to road users in respect of the placement of trees on road verges and, if so, whether it breached that duty. The Court also had to consider whether any breach of duty by the Council caused or contributed to Mr. Bezzina's injuries, and whether Mr. Bezzina's own conduct constituted contributory negligence.

The Court of Appeal affirmed the principles of negligence applicable to local councils in maintaining public roads. It held that a council has a duty to take reasonable care to prevent foreseeable risks of injury to road users. This duty extends to considering the placement of trees on verges, particularly where their proximity to the roadway creates a hazard. The Court found that the Council had failed to take reasonable steps to mitigate the risk posed by the tree, which was too close to the travelled portion of the road. The Court also found that Mr. Bezzina's speed and inattention contributed to the accident, and therefore apportioned liability between the parties.

The Court of Appeal varied the order of the Supreme Court, reducing the amount of damages awarded to Mr. Bezzina by 30% to reflect his contributory negligence.