Wagner v Waverley Municipal Council S37/2002

The High Court of Australia heard an appeal in *Wagner v Waverley Municipal Council*. The dispute concerned the Council's liability for injuries sustained by the appellant, Ms. Wagner, who fell from a cliff face in a park managed by the Council. Ms. Wagner alleged that the Council had failed to take reasonable steps to prevent her from falling, specifically by not installing adequate fencing or warning signs.

The central legal issue before the High Court was whether the Council owed a duty of care to Ms. Wagner in relation to the condition of the cliff face and, if so, whether that duty had been breached. This involved considering the scope of the Council's responsibility as a landowner and occupier for the safety of persons entering its land, particularly in circumstances where the danger was not immediately apparent or was inherent in the natural features of the land.

The Court ultimately held that the Council did not owe a duty of care to Ms. Wagner in the circumstances of the case. Their Honours reasoned that the risk of falling from the cliff was an obvious one, and the Council was not required to take steps to guard against dangers that were apparent to a reasonable person. The Court distinguished this situation from cases where a landowner might be liable for hidden dangers or where there was a specific undertaking to make the land safe. The appeal was dismissed.