Crikey – kangaroo chaos! Was the risk of colliding with a ‘roo obvious and should the Council have paid big bucks to erect a ‘roo proof airport fence?

Date: January 22, 2019


Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308.

Key Points & Implications:


Facts & District Court Decision:

(b)   not erecting a kangaroo-proof fence around the aerodrome.


Issues on Appeal:

Court of Appeal decision: Basten JA, McColl JA agreeing (Simpson AJA dissenting):

Duty to warn: whether kangaroo hazard was an “obvious risk”

Fencing the airport and Section 42 CLA (Per Basten JA, McColl JA and Simpson AJA agreeing)


For more information on this article, please contact:


Iona Sjahadi
Senior Associate
Direct:  +61 (2) 9376 1128


Download PDF here:  Kempsey Shire Council v Five Stare Medical Centre







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