Townsville City Council v Hodges [2023] QCA 136 - Travis Schultz & Partners

Keywords: appellant argues the primary judge erred in finding the inspections of the park performed by the appellant were perfunctory and uninstructed, appellant argues the primary judge erred in finding there was a hole and that the depth of the hole was of little consequence, failure to detect the hole by undertaking reasonable inspections required of an occupier, negligence, occupier’s liability, PUBLIC PLACES, scope of duty and subsequent breach, standard of care, torts, where the respondent attended a park maintained by the appellant, where the respondent fell into a concealed hole, where the respondent was successful at trial and awarded damages, whether the appellant was in breach of its duty of care to the respondent pursuant to ss 35 and 36 of the Civil Liability Act 2003 (Qld), whether the burden of the requirements within ss 9(2)(c) and 9(2)(d) of the Civil Liability Act 2003 (Qld) are too high to be placed on the appellant, whether the precautions taken by the Council were reasonable in the circumstances

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