Presentations

When is a hazard truly “obvious”? The New South Wales Court of Appeal’s decision in The Owners – Strata Plan No 31337 v Balacco  [2026] NSWCA 50 serves as a timely reminder that the answer is not always straightforward. The case arose from a trip on an unpainted speed hump in a carpark where every other hazard had been marked, and the consequences for the Owners proved significant. In this article, Partner Danielle Skinner, Senior Associate Nina Abangan and Paralegal Emma Woods examine how the selective painting of hazards undermined the obvious risk defence, and what occupiers must consider when managing risk across their premises.