Section 5B of the Civil Liability Act 2002 (NSW) substantially restates the common law principles in Wyong Shire Council v Shirt. A physical obstruction placed across a public pathway that blends with its surroundings and is not visible to persons exercising reasonable care until shortly before coming upon it is not an 'obvious risk' within s 5F. The scope of a duty of care owed by a public authority managing a park extends to all persons using the park for usual and permissible purposes, including cyclists, and is determined prospectively. The question whether s 5B applies to positive negligent acts (as opposed to failures to take precautions) remains unresolved.
The full text is available to signed-in members, including the 31 later cases that cite this judgment.
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