The material facts The plaintiff, Mrs. Spencer, was a 73 year old woman. In March 2000, Mrs. Spencer was walking along the pavement in Maryborough, when she tripped and fell over. As a result of the fall, Mrs. Spencer suffered a fractured hip. In the months prior to the incident, Mrs. Spencer stated that she had noticed, '...unevenness in the cement paving on that road...' The trial judge established that there was a slight difference …
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showed last 75 words of 492 total
…failed to illustrate a breach in the duty of care owed to Mrs. Spencer. Accordingly, the main question to be determined was if the Council acted negligently by failing to identify and repair the elevated concrete slab. Decisions and Orders The court allowed the appeal and gave a judgement for the appellate. An order was entered for the respondent, Mrs. Spencer to pay the Council's costs of the appeal, as assessed at a later date.