In Healey v Penrith City Council & Ors, the Court of Appeal held that the Council owed no duty of care to a refuse collector employed by a refuse collection company, overturning the trial judge’s decision. The Court held that the Council’s control over the system of work did not justify the imposition of a duty of care, and that although street litter bins were on occasion damaged and difficult for the plaintiff to remove from their cradles, the plaintiff had failed to prove that Council knew of the defects in the bins that caused his injury. Richard Cavanagh SC and Stephen Walsh appeared for the Council.
