STATE OF NEW SOUTH WALES v KENNEDY SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL KirBy P, MEAGHER JA and COLE JA 20 September 1995 [1995] NSWCA 445 NEGLIGENCE — duty of care — injury to offender performing community service — injury whilst operating domestic rotary lawnmower at racecourse — proceedings against State of New South Wales for negligence of racecourse caretaker — whether duty of care — whether breach of duty — whether contributory negligence — whether damages excessive — held: (dismissing appeal) The judgment entered by the District Court (McDevitt DCJ) was correct — appeal dismissed. Community Service Orders Act 1979, s 14. Kirby P. In this appeal, which challenges a judgment of the District Court of New South Wales constituted by McDevitt DCJ, I am of the opinion that the appeal should be dismissed for the reasons given by the primary judge. No error has been demonstrated in the judgment entered by his Honour in favour of the respondent. Meagher JA. I agree. Cole JA. I also agree. Kirby P. The order of the Court is that the appeal is dismissed. The appellant must pay the respondent's costs. Appeal dismissed with costs. Counsel for the appellant: B F Murray QC/J P Sewell Solicitors for the appellant: H K Roberts: State Crown Solicitor Counsel for the respondent: L T Grey Solicitors for the respondent: Doyle Kingston and Swift