Question 1 (15 Marks) 700 words (approx.)

Yamba City Council is the occupier and body responsible for a public cycleway. Bill often rides on the cycleway. Paving Pty Ltd recently repaired the starting area of the track with new cement and then put a bar across the track about half a metre high to prevent cyclists using the track while the cement dried. The colour of the bar is bright orange and seen easily when riding at a normal speed. Paving Pty Ltd or the council had not put up any signs. Bill was riding one evening very fast and turned onto the cycleway hitting the bar, as he did not see the bar in time. He flipped his bike and broke his arm.

Does Yamba City Council or Paving Pty Ltd owe Bill a duty of care? Set out your reasons

If either the Council or Paving Pty Ltd owes Bill a duty of care, have they breached their duty of care such that they would be liable for negligence? Give reasons for such a breach.

Are there any cases that assist with your arguments? Are there any defences to reduce Bills claim for either the council or Paving Pty Ltd?