Storey v North Sydney Municipal Council

The High Court of Australia considered an appeal by Storey against a decision of the Supreme Court of New South Wales concerning a claim for damages arising from a motor vehicle accident. The plaintiff, Storey, had been injured when his vehicle collided with a tree on a road maintained by the defendant, North Sydney Municipal Council. Storey alleged that the council was negligent in its maintenance of the road, specifically in relation to the placement of the tree.

The central legal issue before the High Court was whether the council owed a duty of care to road users in relation to the placement of trees adjacent to the road, and if so, whether that duty had been breached. The court was required to determine the standard of care expected of a local council in maintaining its roads and the extent to which it was responsible for hazards created by objects in the nature strip.

The court reasoned that while a council has a duty to maintain roads in a safe condition, this duty does not extend to ensuring that every object adjacent to the road is removed or made safe. The council's responsibility is to take reasonable steps to prevent foreseeable harm. In this instance, the court found that the tree, being a natural object, did not constitute a danger that the council was obliged to remove or guard against. The accident was not caused by any defect in the road surface or its construction, but rather by the driver's loss of control of his vehicle. Therefore, the council was not liable for the injuries sustained by Storey.