State of New South Wales v Steed

The State of New South Wales appealed against orders made by Delaney DCJ in favour of the respondent, Mr Steed. The dispute concerned Mr Steed's claim for damages for personal injuries sustained when he fell from an earthen mound on land occupied by the appellant. The appeal was heard by Heydon JA, Young CJ in Eq, and Ipp AJA.

The primary legal issues before the Court of Appeal were whether the appellant owed a duty of care to Mr Steed, and if so, whether that duty had been breached. This involved determining whether there was a foreseeable risk of injury arising from the condition of the earthen mound, particularly after heavy rain, and whether the appellant had taken reasonable steps to avoid such a risk. The court also considered the extent to which Mr Steed's own conduct contributed to his injuries, and the assessment of damages awarded by the trial judge.

The Court of Appeal found that the appellant, as an occupier, owed a duty of care to entrants on its land. It held that there was a significant risk of harm from the unsafe condition of the mound after heavy rain, and that the possibility of carelessness on the part of entrants was a risk that ought to have been expected. Consequently, the appellant should have taken steps to prevent injury from walking across the mound following heavy rainfall. The court also found errors in the trial judge's assessment of both past and future earning capacity, and in the award for domestic assistance.

The appeal was upheld, and the orders of Delaney DCJ were set aside. A verdict and judgment were entered for the respondent, Mr Steed, in the sum of $358,977.75, representing 75% of the assessed damages. The appellant was ordered to pay the respondent's costs of the trial, and the respondent was ordered to pay the appellant's costs of the appeal, with the respondent to have a certificate under the Suitors' Fund Act.