PARRAMATTA CITY COUNCIL V. WATKINS [2001] NSWCA 364

New South Wales Court of Appeal

CITATION : PARRAMATTA CITY COUNCIL V. WATKINS [2001] NSWCA 364 FILE NUMBER(S) : CA 40709/99 HEARING DATE(S) : 5 October 2001 JUDGMENT DATE : 12 October 2001

PARTIES : Parramatta City Council - appellant Beverley Watkins - respondent JUDGMENT OF : Powell JA at 1; Hodgson JA at 2-30; Rolfe AJA at 31

LOWER COURT JURISDICTION : District Court LOWER COURT DC 16/98 FILE NUMBER(S) : LOWER COURT Robison DCJ JUDICIAL OFFICER :

COUNSEL : Mr. P. Garling SC with Mr. V. Heath for appellant Mr. P. Bates for respondent SOLICITORS : Phillips Fox, Sydney for appellant Gerard Malouf & Partners, Parramatta for respondent CATCHWORDS : LOCAL GOVERNMENT - Roads - Alleged danger to pedestrians - Council's liability - TORT - Negligence - Pedestrian injured by fall in road - Whether road hazardous - Whether Council should have taken steps to alleviate danger. D. Brodie v. Singleton Shire Council (2001) 75 ALJR 992 CASES CITED: Webb v. South Australia (1982) 56 ALJR 912 David Jones v. Bates [2001] NSWCA 233 DECISION : Appeal dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40709/99 DC 16/98 POWELL JA HODGSON JA ROLFE AJA

Friday 12th October 2001 PARRAMATTA CITY COUNCIL V. WATKINS

Judgment 1 POWELL JA: I agree with the reasons of Hodgson JA as set out below. 2 HODGSON JA: On 10th September 1999, Robison DCJ gave judgment for Beverley Watkins against Parramatta City Council in the sum of $131,078.35, as damages for injuries suffered by Ms. Watkins when she fell in South Street, Granville on 29th March 1996. Parramatta City Council has appealed to this Court against the finding that it was liable for damages, but does not challenge the quantum of damages.