Landmark Decision Upheld: Wollongong City Council v Williams [2021] NSWCA 140

Mar 1, 2024 | Publication

In a significant ruling, the New South Wales Court of Appeal has upheld the decision in the case of Wollongong City Council v Williams [2021] NSWCA 140, marking a pivotal moment in occupiers liability law.

The case centred around a trip and fall incident in a council park, where the plaintiff, a disability worker, accompanied one of his clients to a disabled bathroom. Along the footpath leading to the facility were three single steps, lacking any visual cues or warnings. The plaintiff fell due to the absence of such cues, leading to a legal battle over liability and compensation.

The council appealed the primary liability decision, while the plaintiff cross-appealed regarding contributory negligence findings and the reduction on past economic loss of 10% for vicissitudes.

In a resounding verdict, the appeal was dismissed. Justices McCallum and Simpson concurred with Justice Adamson’s reasoning for dismissing the appeal. However, they allowed the cross-appeal, emphasizing the lack of evidence or findings regarding how the plaintiff failed to take reasonable precautions in the circumstances.

Regarding economic loss, the Court found that the trial judge’s reasoning for applying a 10% reduction for vicissitudes was insufficient, raising questions about the adequacy of the decision.

The crux of the case lay in whether the council adequately fulfilled its duty of care. The Court rejected the council’s argument that the plaintiff’s lack of attention caused the fall, affirming the trial judge’s ruling that the council’s negligence in failing to provide clear cues to the steps was the primary cause.

Moreover, the Court highlighted that the plaintiff’s inability to precisely describe the fall mechanism did not undermine his case. There was a reasonable inference that the absence of cues led to the fall, underscoring the council’s responsibility to ensure the safety of park visitors.

The ruling sets a precedent for premises liability cases, emphasising the duty of care owed by councils and property owners to ensure the safety of visitors, particularly those with disabilities. The decision underscores the importance of clear signage and cues to prevent accidents and holds entities accountable for negligence in maintaining safe premises.

This landmark decision serves as a reminder to all councils and property owners of the critical need to prioritise safety measures, particularly in areas frequented by vulnerable individuals.

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

The Rise of Generative AI in Law and the Need for Caution

Generative artificial intelligence (Gen AI), a subset of artificial intelligence focused on creating new content, has gained significant traction in various industries, including law. Capable of producing text, images, and audio, platforms like ChatGPT are among the...

Australia Introduces Statutory Tort for Serious Invasions of Privacy

The Australian legal landscape is about to undergo a significant transformation with the introduction of a statutory tort for serious invasions of privacy. This change comes with the passage of the Privacy and Other Legislation Amendment Bill 2024 by the Commonwealth...

Building Disputes – Which Court or Tribunal Deals with Them?

In New South Wales, there are different forums to have building disputes and claims addressed. The NSW Civil and Administrative Tribunal handles building disputes particularly residential building work claims.  There are numerous claims prosecuted and defended in...

When should a business take legal action on an overdue account?

Generally speaking, an overdue account should be acted on promptly.  The longer it is left, the greater the likelihood the account will need to be written off. Unless the debtor has a satisfactory reason for delaying payment, the account should be followed...

Court Rules Against Kmart in Personal Injury Appeal

In a recent case, Kmart has been held liable for injuries sustained by a customer in its Woy Woy store, after a mountain bike in a heavy, oversized box fell from another customer's shopping trolley, injuring Ms Rita Marmara. The New South Wales Court of Appeal upheld...

Can a Shareholder claim against a Company?

A shareholder can claim against a company under some circumstances. Shareholders have specific rights and interests in a company, and there are scenarios where they might have grounds to make a claim. Some common situations include: Breach of Shareholder Agreement: If...