The principles in Ghantous v Hawkesbury City Council concerning the scope of duty of care owed by public authorities in respect of public footpaths cannot simply be transposed to the case of a private occupier of domestic premises; different considerations apply. An occupier of domestic premises who advertises a garage sale and invites the public to attend owes a duty of care that extends to taking reasonable precautions against foreseeable risks from the condition of the premises, including obvious unevenness in a driveway, where goods are displayed in a manner likely to distract entrants from the hazard and simple precautions are available. However, the decision was 2-1, with the Chief Justice dissenting on the basis that everyday unevenness in paving is a normal hazard of daily life outside the scope of the duty.
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