Leichardt Municipal Council v Montgomery

In this matter, Mr Montgomery suffered a personal injury when he fell through protective carpet laid over work being performed by a contractor on a footpath under the control of the Leichardt Municipal Council. 

Mr Montgomery settled with the contractor and proceeded to trial against the Leichardt Municipal Council.  The primary judge and the NSW Court of Appeal found the Council liable under a non-delegable duty of care.  The Council thereafter appealed to the High Court.

The High Court concluded that road authorities were not under any non-delegable duty of care to road users by reason of statute or common law.  The High Court gave detailed consideration as to when a non-delegable duty of care would be found.