Streller v Albury City Council

In *Streller v Albury City Council*, the appellant, who suffered a spinal injury after jumping into a river using a rope swing, appealed a decision concerning the respondent council's liability. The accident occurred on Australia Day, near events organised by the council, and the council was aware of the rope swing's presence. The central dispute revolved around whether the council had breached its duty of care by failing to remove the rope or prevent its use.

The New South Wales Court of Appeal was required to determine several key legal issues. Firstly, it considered whether the council owed a duty of care to the appellant and, if so, whether that duty had been breached. Secondly, the court had to assess whether the risk of harm that materialised constituted an "obvious risk" under section 5F(1) of the *Civil Liability Act 2002* (NSW). Thirdly, the court examined whether the appellant had engaged in a "dangerous recreational activity" as defined by section 5K of the Act, which would potentially absolve the council of liability under section 5L(1).

The Court of Appeal dismissed the appeal, finding that the council was not liable. The judges reasoned that the risk of injury from jumping into a river from a rope swing was an obvious risk, and the appellant's activity qualified as a dangerous recreational activity. Consequently, the council was not liable for the appellant's injuries under the provisions of the *Civil Liability Act 2002* (NSW). The appeal was dismissed with costs.