A 20mm height differential in a footpath paver, visible in broad daylight, is an obvious hazard and not a danger to a pedestrian taking reasonable care, and accordingly does not give rise to liability on the part of a council. The care which pedestrians must take for their own safety enters into the definition of the council's duty of care and is not relevant only to contributory negligence. The facts were held indistinguishable from Lombardi v Holroyd City Council where a 25mm differential was held not to constitute an unacceptable risk.
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