Facts
- Romeo was drinking near some cliffs when they wandered off them and injured herself
- There was no fencing or signage
Issue
- Should the Conservation Commission have “done more” and were they therefore negligent?
Held
- The risk was quite unlikely; in 100 years there had never been a problem before
- That said, it was quite foreseeable (cliff = falling)
- However the burden on the Defendant to minimize this risk would be too burdensome
- Therefore the P could not recover.
-- Download Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 as PDF --

