Wollongong City Council v Williams

Wollongong City Council appealed a decision of the primary judge who found it liable in negligence for injuries sustained by Mr. Williams when he fell on a stepped path in a park. Mr. Williams cross-appealed regarding the findings of contributory negligence and the discount applied to his damages for past economic loss.

The primary legal issues before the Court of Appeal were whether the primary judge erred in finding the Council negligent in failing to take reasonable precautions against the risk of harm posed by the stepped path, and whether the primary judge erred in her findings concerning contributory negligence and the assessment of damages for past economic loss.

The Court of Appeal upheld the primary judge's finding of negligence, agreeing that the Council owed a duty of care to park users and that the single steps presented a hazard. The primary judge's assessment of Mr. Williams as a credible witness who was not distracted was not disturbed. However, the Court allowed the cross-appeal concerning damages. It found that the primary judge's 10% discount for past economic loss, based on a prospect of early retirement, was inconsistent with the evidence accepted by the primary judge, which did not support such a prospect.

Consequently, the appeal by Wollongong City Council was dismissed, while Mr. Williams' cross-appeal was allowed. The parties were ordered to submit a form of order calculating the judgment amount within seven days, and the Council was ordered to pay Mr. Williams' costs of both the appeal and the cross-appeal.