Randwick City Council v Fuller

Randwick City Council (the Council) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales, which had found the Council liable for damages suffered by Mr. Fuller. Mr. Fuller had sustained injuries when he slipped and fell on a public footpath maintained by the Council. The dispute concerned the extent of the Council's duty of care to maintain its footpaths in a safe condition and whether it had breached that duty.

The Court of Appeal was required to determine whether the Council had breached its statutory duty to maintain the footpath in a safe condition, and if so, whether that breach caused Mr. Fuller's injuries. Specifically, the court had to consider the standard of care expected of a local council in maintaining public footpaths, the adequacy of the Council's inspection and maintenance procedures, and the causal link between any identified defect and the fall.

The Court of Appeal found that the Council had not breached its duty of care. It reasoned that the Council had a reasonable system of inspection and maintenance in place, which was appropriate for the circumstances. The evidence did not establish that the defect causing the fall was of such a nature that it should have been discovered by the Council through the exercise of reasonable care. The court applied the principles of negligence, emphasizing that a defendant is not an insurer against all accidents and is only liable if they fail to take reasonable steps to prevent foreseeable harm. The appeal was allowed, and the orders of the Supreme Court were set aside.