Ballina Shire Council v Moore [2023] NSWCA 155

Background

On 27 August 2020, Ms Moore (the respondent) was riding her electric bicycle on a shared pathway. As she attempted to overtake two pedestrians after ringing her bell and by manoeuvring to the right side of the pathway after the pedestrians moved to the left, she noticed a metal bollard on the path. Ms Moore tried to avoid hitting the pedestrians and the bollard but veered off the path, lost control, fell off her bicycle and injured her hip.

There had previously been two bollards on the pathway. However, one bollard had been damaged and removed approximately four years prior. A report commissioned by the Ballina Shire Council (the appellant), six months before the incident, suggested the single bollard was of no utility in slowing down cyclists and posed a medium risk to cyclists.