This ACT Supreme Court decision involved a lot owner who tripped and fell on the edge of a path which was located in an area for which the owners corporation was responsible. He wished to claim against the public liability insurance of the owners corporation to compensate him for his injury.

The key issue in this case was whether the owners corporation had breached the duty of care owed to the injured lot owner. Ultimately the Court was satisfied that there was a hidden hazard and no individual was specifically aware of it. Further, that no other person had tripped and fallen nor had there been any other incident from which the owners corporation should have been aware of the hazard. Finally, by completing quarterly inspections of the property, the owners corporation had conducted itself reasonably and did everything that was reasonably expected of the owners corporation to make itself aware of any risks.

In the above circumstances, the Court held that the owners corporation had not been negligent and found in its favour against the injured lot owner.