In Randwick City Council v Wunderwald [2026] NSWCA 116, the NSW Court of Appeal considered when a public authority can be liable for injuries caused by unstable furniture in areas where children are present.
Six-year-old Lily Wunderwald was at the Des Renford Leisure Centre when she grabbed onto a tall cafe table. The table fell on top of her and caused a serious forehead laceration down to the bone. Importantly, the incident was captured on high-quality CCTV, which showed exactly how the accident occurred.
The evidence presented to the court included unchallenged expert opinion that only a modest horizontal force was needed to topple the table. The Council did not call its own expert evidence and did not cross-examine the plaintiff’s expert on that point.
The Legal Dispute
The key issues were whether, under the Civil Liability Act 2002 (NSW), the risk of this kind of accident was “not insignificant” under section 5B, and whether a reasonable person in the Council’s position would have taken precautions such as using a more stable table or fixing an unstable one.
Decision
The Court upheld the finding of negligence. The Court emphasised that “cafe-operators should not use high tables which can topple upon the application of only very modest force in areas frequented by young children.”
However, the appeal succeeded in part on damages. The Court removed a $50,000 “buffer” for future economic loss because it did not comply with the requirements for future loss awards, it was deemed too speculative. The final judgment was reduced to $125,300 from the original decision of $175,300.
Why This Matters
This case is a practical reminder that relying on an accident-free history may not be enough where a hazard is foreseeable and easy to fix, especially in child-frequented areas.
In addition, each case’s assessment of damages is unique, and requires an individualised approach.
This case highlights the importance of seeking expert legal advice when navigating public liability claims. At Foye Legal, we are here to help you understand your rights.
Read the full judgment here: View Decision
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