The NSW Court of Appeal has found Dungog Shire Council not negligent for failing to inspect roadside trees after a woman suffered significant injuries when her car collided with a fallen tree during a storm that caused damage throughout the shire.

The decision comes after a number of recent court findings which placed more responsibility on local councils to maintain roadside trees. The findings had possible implications for liability laws relating to councils’ ability to avoid charges of non-feasance involving the duty of care.

The victim in the Dungog case, Erin Babbage, was initially awarded $700,000 damages by a NSW Supreme Court judge who found the council negligent.

Phillips Fox partner Michael Down, who acted for the council in the case, said the court’s decision shows there had previously been unreasonable expectations placed on councils, particularly in rural areas, to assume responsibility for all the trees in their areas.