In August 2021, the Wollongong City Council was undertaking repairs to a highway south of the Wollongong town centre which required part of the northbound lane of the highway to be closed.

In accordance with a traffic control plan, a temporary speed limit was put in place to 60km/hr. Flashing signs and lights were erected on the side of the highway indicating the speed limit was reduced for the part of the highway where works were being undertaken. In addition, some 60 plastic barriers capable of being filled with water were placed alongside the roadway in the northbound lane where the work was being undertaken.

Before finishing work on Saturday 21 August 2021, the works supervisor checked that all of the barriers were in place and had been filled with water to ensure they would not be moved by gusts of winds or the draft from passing motor vehicles. The works supervisor noticed that some of the barriers moved out of place when large trucks passed by. However, as it was late on a Saturday afternoon, the works supervisor decided there was nothing further that could be done until Monday morning when he would arrange some more suitable barriers.

At about 5am on Sunday 22 August 2021, Mr Ray Smith, a 20 year old together with 3 friends were returning from a night out in Wollongong. Mr Smith was driving in the northbound lane when his motor vehicle collided with the barriers and he suffered serious injuries. Mr Smith's injuries included a broken leg, spinal injuries and concussion. Mr Smith has also developed anxiety as a result of the accident and has been unable to return to his job as an apprentice plumber.

1. Mr Smith of any action he may have against the Wollongong City Council for negligence.

2. The Wollongong City Council as to any grounds they may have to defend the action in negligence.

In your answer, you should consider all elements of a claim in negligence and the relevant legislation.