Winton Shire Council and the Waltzing Matilda Centre Limited v Brenda Mauriceen Lomas

The dispute before the Supreme Court of Queensland concerned a claim for damages for personal injury brought by Brenda Mauriceen Lomas against the Winton Shire Council and the Waltzing Matilda Centre Limited. Ms Lomas alleged she suffered injury as a result of a fall on a public pathway adjacent to the Waltzing Matilda Centre, which was managed and maintained by the Council.

The central legal issue for determination by the Court was whether the defendants owed a duty of care to Ms Lomas, and if so, whether they breached that duty. Specifically, the Court had to consider whether the defendants had taken reasonable steps to ensure the pathway was safe for users, and whether any alleged defect or hazard on the pathway was a cause of Ms Lomas's fall and subsequent injuries.

Justice Williams found that while the Council had a duty of care to maintain the pathway, the evidence did not establish that the pathway was in a dangerous or defective condition at the time of Ms Lomas's fall. The Court considered the nature of the pathway, the lighting conditions, and the absence of any prior complaints or incidents, concluding that the defendants had not breached their duty of care. Consequently, Ms Lomas's claim was dismissed.