Council won the appeal because the risk of Kangaroos should have been obvious tp the pilot.
I think the Dr originally argued that a risk of Kangaroos was mentioned in ERSA but there was no NOTAM issued for increased Kangaroo activity. The three appeal Judges thought the risk should have been obvious to the pilot and so the Council was not liable.
Originally this would have been covered under the Common Law principles of Tort, but now there is specific legislation Civil Liability Act 2002 (NSW). Guess this means one more reason for Precautionary Searches on country strips.