Sydney City Council is the occupier and body responsible for a public outdoor area just outside the city. The public area has recently had new pavers laid and plants in pots supplied by Nellies Nursery Pty Ltd placed near the three steps that separate the two levels of the public area.

The new areas are popular with skateboarders because of the new smooth pavers (there are no signs restricting skateboarders).

Sam is a skateboarder who often does jumps and tricks on his skateboard including jumping and skating down the steps (others also do this move).

One day Sam attempts to jump over the plants in the pots but a metal spike accidentally left in the pot by Nellies Nursery Pty Ltd catches Sams skateboard causing Sam to fall and break his arm.

a) Does Sydney City Council or Nellies Nursey Pty Ltd owe Sam a duty of care? Set out your reasons (3marks)

b) If either the Council or Nellies Nursey owes Sam 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.(4 marks)

c) Are there any cases that assist your argument?(4 marks)

d) Are there any defences to either the Council or Nellies Nursery?