Parsons v Randwick Municipal Council

Parsons appealed to the Court of Appeal of New South Wales against a decision of the District Court which dismissed his claim in negligence against Randwick Municipal Council. The appellant had suffered injuries when he fell from a broken footpath at night, while he was intoxicated.

The central legal issues before the Court of Appeal were whether the Council owed a duty of care to the appellant, and if so, whether that duty had been breached. The Court was also required to consider whether the appellant, by reason of his intoxication, had failed to exercise reasonable care for his own safety.

The Court of Appeal affirmed the findings of the trial judge. It was held that while the Council owed a duty of care to maintain its footpaths in a reasonably safe condition, this duty did not extend to protecting individuals from the consequences of their own voluntary intoxication. The Court found that the appellant's intoxication was the primary cause of his fall and that he had failed to take reasonable care for his own safety. The Council's duty of care was not breached, as the condition of the footpath, while imperfect, did not present an unreasonable risk of harm to a person exercising ordinary care.

The appeal was dismissed with costs.