Randwick City Council v Muzic

The case of Randwick City Council v Muzic concerned an appeal and cross-appeal arising from a District Court judgment where the plaintiff, Ms Muzic, was awarded damages for injuries sustained from slipping on algae on a concrete promenade providing access to a council pool. The Randwick City Council, as the occupier of the promenade, was found liable for the plaintiff's injuries.

The primary legal issues before the Court of Appeal were whether the Council had breached its duty of care to persons using the promenade, whether the defence of volenti non fit injuria was applicable, whether the plaintiff was contributorily negligent, and the assessment of damages, including non-economic loss and future gratuitous attendant care services. The Council also appealed against the finding of liability and the quantum of damages, while the plaintiff cross-appealed against the finding of contributory negligence.

The Court of Appeal dismissed the Council's appeal against liability, upholding the finding that the Council had breached its duty of care by failing to close the promenades until remedial work was undertaken to address the obvious presence of algae, which posed a foreseeable risk of serious injury. The defence of volenti non fit injuria was rejected. However, the Court allowed the plaintiff's cross-appeal regarding contributory negligence, finding that the initial 15% apportionment was too high. The Court also allowed the Council's appeal against the damages awarded, specifically concerning the assessment of non-economic loss and future gratuitous attendant care services. The final orders involved a revised damages award of $164,187, with specific dates for the commencement of interest, and directions regarding the costs of the trial and appeal.