Skulander v Willoughby City Council

The Court of Appeal of New South Wales considered a claim brought by Mr Skulander against Willoughby City Council. Mr Skulander suffered injuries when he collided with an object protruding from a wall at a bus interchange managed by the Council. The dispute concerned whether the Council owed Mr Skulander a duty of care and, if so, whether it had breached that duty, and whether Mr Skulander had contributed to his own injuries.

The primary legal issues before the Court were whether the Council, as the occupier of the bus interchange, had breached its duty of care to a lawful visitor by failing to take reasonable steps to prevent the risk of collision with the protruding object. The Court also had to determine whether Mr Skulander had been contributorily negligent by failing to keep a proper lookout, and if so, to what extent his damages should be reduced. A further procedural issue arose due to the judges being equally divided in opinion on one aspect of the appeal, requiring the application of conventions for determining the court's order.

The Court reasoned that the Council owed a duty of care to persons using the bus interchange, including Mr Skulander. It found that the risk of collision with the protruding object was foreseeable and that the Council had failed to take reasonable precautions to mitigate this risk. The Court considered various measures the Council could have implemented, such as placing a barrier around the object or making it more visible. However, the Court also found that Mr Skulander had failed to keep a proper lookout, contributing to his own injuries.

Ultimately, the appeal was upheld. The matter was remitted to the District Court for an assessment of damages. The damages awarded to Mr Skulander were reduced by 50% to account for his contributory negligence.