... CLR 180 at 230, and the failure was due to the council's operational decision and action: Anns v Merton London Borough Council [1978] AC 728. If the council argues in defence that was not aware of the problem so the standard of care should be lowered, Sharon can refer to Brodie v Singleton Shire Council (2001) 75 ALJR 992, in which it was said that if the risk is unknown or latent and only discoverable by inspection, then the authority is obliged to inspect and take reasonable steps to discharge its duty of care. 5) Precautions were available and practicable to guard against the reasonably foreseeable risk of injury. If practicability and availability of precautions are not evident, then Sharon must provide what precautions the council could have - but did not - take. If Sharon cannot provide it, her action will fail: Neill v NSW Fresh Food and Ice ...

See this essay or coursework document in full right now