Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431

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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.

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