Case Reports

Gosling & Ors v Lorne Foreshore Committee of Management Inc & Anor [2009] VSCA 228 (8 October 2009)

In Gosling & Ors v Lorne Foreshore Committee of Management Inc & Anor [2009] VSCA 228 (8 October 2009), the Victorian Court of Appeal reviewed the High Court cases as to the reasonableness of the response of a Foreshore Committee to the danger caused by an embankment in Lorne, Victoria. The Court of Appeal looked at previous High Court judgments as to the ‘obviousness of the risk’ and its relevance to determining what is a reasonable response. The court concluded that, in this case, the Committee’s failure to take any steps, (eg fence or lighting or warning sign) was unreasonable and constituted a breach of duty.