Redland City Council v Kozic & Ors

The High Court of Australia considered an appeal by Redland City Council from a decision of the Queensland Court of Appeal. The dispute concerned the Council's liability for damages arising from the death of Mr. Kozic, who was fatally injured when his vehicle collided with a tree on a road within the Council's jurisdiction. Mr. Kozic's widow and children (the respondents) brought proceedings against the Council alleging negligence in its maintenance of the road and the verge.

The central legal issue before the High Court was whether the Council owed a duty of care to road users, such as Mr. Kozic, in relation to the maintenance of the road and its verge, and if so, whether that duty had been breached. Specifically, the Court had to determine whether the Council's statutory powers and functions relating to the construction and maintenance of roads imposed a positive duty to take reasonable steps to prevent foreseeable harm to road users from hazards on the road or its verge, including trees.

The High Court, by majority, held that the Council did owe a duty of care to road users to take reasonable steps to prevent foreseeable harm arising from hazards on the road or its verge. The Court reasoned that the Council's statutory responsibility for the construction and maintenance of roads carried with it a common law duty to exercise reasonable care for the safety of those who used those roads. This duty extended to identifying and mitigating foreseeable risks, such as the danger posed by a tree situated close to the roadway that could cause injury in a collision. The Court found that the Council had failed to establish that it was immune from liability under the relevant legislation, and that the question of whether the Council had breached its duty of care and whether that breach caused Mr. Kozic's death should be remitted for determination at trial.

The High Court allowed the appeal in part, setting aside the orders of the Queensland Court of Appeal and remitting the proceeding to the Supreme Court of Queensland for trial on the issues of breach of duty and causation.