Shellharbour City Council v Johnson

Shellharbour City Council (the appellant) appealed to the Court of Appeal of New South Wales against a decision that found it liable for injuries sustained by Mr Johnson (the respondent) when he collided with another cyclist. The dispute arose from an accident at the intersection of a laneway and a cycleway, where the council had invited cyclists to use the laneway to access the cycleway. A blind spot created by a fence and a tree made it difficult for cyclists approaching the intersection from the laneway and those on the cycleway to see each other until they reached the curve of the cycleway.

The primary legal issues before the Court of Appeal were whether the council owed a duty of care to Mr Johnson in the circumstances, and if so, whether that duty had been breached. Specifically, the court considered whether the council's invitation to use the laneway, coupled with the inherent dangers of the intersection, created a foreseeable risk of harm that the council was obliged to mitigate. The court also examined whether the respondent's own failure to take care for his safety relieved the council of its duty.

The Court of Appeal reasoned that the council's invitation to use the laneway created a situation where a collision was a real and foreseeable risk, particularly given the design of the intersection which presented a "trap" for users. The court held that the council was not relieved of its duty of care simply because the risk of collision could not be entirely avoided if the invitation was accepted. Instead, the council had a duty to take reasonable measures to guard against such risks. The court found that the council had failed to discharge this duty.

Consequently, leave to appeal was granted, but the appeal itself was dismissed. The appellant, Shellharbour City Council, was ordered to pay the respondent's costs.