Recent Cases

Council of the City of Sydney v Bishop [2019] NSWCA 157 (28 June 2019) (Basten JA at [1]; Macfarlan JA at [12]; Brereton JA at [41])


TORTS – negligence – personal injury – respondent tripped on kerb in pedestrian precinct – duty of care to warn pedestrians of height differential – whether risk obvious – whether failure to use yellow highlighting constituted breach of a duty to warn – whether absence of warning causative of harm to person aware of hazard and not looking down