Ryde City Council v Saleh

Ryde City Council appealed to the Court of Appeal of New South Wales against a verdict entered for the plaintiff, Mr. Saleh, in a personal injury claim. Mr. Saleh had sustained injuries when he tripped and fell on a public footpath maintained by the Council. The dispute concerned whether the Council had breached its duty of care to pedestrians by failing to maintain the footpath in a safe condition, thereby causing Mr. Saleh's fall.

The Court of Appeal was required to determine whether the Council owed a duty of care to Mr. Saleh, and if so, whether that duty had been breached. Specifically, the court had to consider whether the condition of the footpath constituted a tripping hazard and whether the Council had failed to conduct reasonable inspections to identify and rectify such hazards. Furthermore, the court needed to assess the extent to which Mr. Saleh, as a pedestrian, was obliged to take care for his own safety.

The Court of Appeal found that while the Council owed a duty of care to maintain its footpaths, the evidence did not establish a breach of that duty. The court reasoned that the alleged tripping hazard was not of such a nature as to warrant intervention by the Council, particularly given the general obligation of pedestrians to exercise reasonable care for their own safety. The court concluded that the plaintiff had not demonstrated that the Council's inspection regime was inadequate or that any failure to inspect had caused the accident.

Consequently, the Court of Appeal granted leave to appeal, allowed the appeal, and set aside the verdict for the plaintiff. In its place, a verdict was entered for the defendant, Ryde City Council. Mr. Saleh was ordered to pay the costs of the trial and the appeal, though he was granted a certificate under the Suitors' Fund Act 1951.