In December 2020 Greg Napole was driving along a busy street with his spouse and two children in the car. As they approached a busier section of the road Greg had to slow down significantly and as he was driving past a nearby park, a southern blue gum tree fell onto the car that he was driving killing wife Marsha and seriously injuring his two children and himself. Greg and his two children were hospitalised for two months with several broken bones. Upon recovery, Greg learnt that the tree had fallen because its root system had been destroyed by underground water leaking from a water channel that had been constructed by the local council, City of Smalltown Council, in the year 1998. Greg is keen to have the council compensate him for the injuries he and his children have suffered and for the loss of his wife. The local council has denied liability. They claim not to have a duty of care to Greg and his family. Greg wishes to pursue his claim and has now come to you for advice.

REQUIRED: With reference to relevant legal principles use the IRAC legal problem-solving approach to advise Greg as to whether he would be successful in negligence against City of Smalltown Council. Please explain fully, using relevant case law.