Aiken v Warden [1939] HCA 20

Cons FRomeoy FansRomeo' Eorsatvaton' | Cons Romeo v ry Conservation sonserigsion Commission ' Conservation Gimme SPST Gea io FRAY Toe Refi to. 62 C.L.R.] fren OF AUSTRALIA, 179 [HIGH COURT OF AUSTRALIA.] AIKEN zd . : é : i 3 i APPELLANT ; PLAINTIFF, AND THE WARDEN, COUNCILLORS AND ELECTORS OF THE MUNICIPALITY RESPONDENT.

OF KINGBOROUGH DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF TASMANIA.

NegligencePublic authority—Occupation of property—Jetty to which public have H.C, ov A.

right of access—Municipality having control and management—Duly of muni- 1939,

cipality to person going on jetty to moor vessel thereto—Notice of injury—Local ~~

Government Act 1906 (Tas.) (6 Bdw. VIL. No. 31), sec. 231 (2), (3).* Hoparr, Feb, 22-24.

A public authority in control of a wharf to which members of the public have access as of common right is (unless its duty is otherwise defined by MEuBouRNE,

statute) under a duty to make the wharf reasonably safe for those who use it. May 22. A jetty the control of which, pursuant to the Roads and Jetties Act 1935 Latham C.J., Starke, Dixon,

and the Local Government Act 1906 (Tlas.), was vested in a municipality was and MéTiermaa damaged, and the municipality, though aware of the damage, failed to repair 7" it and took no steps to guard or warn users against the defect. 'The plaintiff,

* Sec. 231 of the Local Government giventothecouncil . . . within three

Act 1906 (Tas.) provides : Sub-sec, 2: "No person shalll be entitled to recover against a council .. any dam- ages in respect of any injury to the son. . . alleged to have been sustained by himself . . . by reason of the neglizence of the council respect of any local work . . . un- less the following conditions are com- plied with by him or on his behalf namely: (1) Notice in writing that injury has been sustained shall be