Mudford v Great Lakes Council [2010] NSWDC 109

New South Wales District Court

CITATION: Mudford v Great Lakes Council [2010] NSWDC 109

HEARING DATE(S): 01/03/2010, 02/06/2010

JUDGMENT DATE: 17 June 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) Verdict for the defendant. DECISION: 2) The plaintiff is to pay the defendant's costs on an ordinary basis up to and including 11 December 2008 and on an indemnity basis thereafter. 3) The exhibits are returned. 4) My reasons are published.

CATCHWORDS: CONTRIBUTORY NEGLIGENCE - Slip and fall - Adequacy of provision for access - Requirement to prevent access to or warn of dangers of using grassed bank

LEGISLATION CITED: Civil Liability Act 2002

Brodie v Singleton Shire Council (2001) 206 CLR 512 CASES CITED: Pyrenees Shire Council v Day (1998) 192 CLR 330 Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 Wyong v Shirt (1980) 146 CLR 40

PARTIES: Graeme Mudford (Plaintiff) Great Lakes Council (Defendant)

FILE NUMBER(S): 2008/00314693 (Previously 339/08)

COUNSEL: Mr D Richards (for the Plaintiff) Mr P Cummings (for the Defendant)

SOLICITORS: Slater and Gordon Lawyers (for the Plaintiff) Moray and Agnew Lawyers (for the Defendant)

JUDGMENT

1 Graeme Mudford slipped on a grassed bank in the Forster Beach Caravan Park on 29 October 2005. He suffered a serious fracture to his right leg in the fall. The caravan park was owned and operated by Great Lakes Council.

2 The plaintiff claimed that the defendant breached its duty of care as a result of which he suffered his injury. The defendant denied negligence, claimed contributory negligence on the part of the plaintiff and disputed the claim for damage and loss.