Port Stephens Council v Field

The appeal in *Port Stephens Council v Field* concerned a claim for damages arising from alleged negligent construction of stormwater pipes. The respondent, Ms Field, alleged that a hole in the ground above the pipes was caused by the appellant, Port Stephens Council, and that this hole led to damage to her property. The case was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the respondent had discharged the onus of proof on the balance of probabilities to establish that the Council's actions in constructing the stormwater pipes had caused the hole in the ground. This involved considering the adequacy of the evidence presented by the respondent to link the Council's construction activities to the subsequent damage.

The Court of Appeal found that the evidence presented by the respondent was insufficient to establish, on the balance of probabilities, that the Council's construction of the stormwater pipes had caused the hole. The Court noted that the onus of proof rested on the respondent to demonstrate this causal link, and that the evidence did not meet this threshold. Consequently, the Court allowed the appeal.

The judgment and orders of the District Court were set aside, and judgment was entered for the appellant, Port Stephens Council. The respondent was ordered to pay the appellant's costs of both the proceedings at first instance and the appeal, with the respondent to have a certificate under the Suitors' Fund Act 1951 for the appeal costs if otherwise qualified.