Wyong Shire Council v Shirt [1980] HCA 12

Wyong Shire Council v Shirt [1980] HCA 12

The majority held that the jury's finding of breach of duty was reasonably open on the evidence. A reasonable person could regard the "deep water" sign as ambiguous and foresee that an inexperienced water-skier might read it as indicating deep water beyond the sign, ski there in mistaken reliance on that indication, and risk injury in water of only about three feet six inches. The risk was not far-fetched or fanciful, so the appeal was dismissed. The associated application for special leave to appeal was refused because it was not a case in which special leave should be granted.

Jurisdiction
Australia
Procedural Posture
Negligence Action for Damages for Personal Injury Arising From a Water Skiing Accident / Appeal to the High Court of Australia From a Majority Decision of the Court of Appeal of the Supreme Court of New South Wales, With an Associated Application for Special Leave to Appeal
Outcome
Appeal dismissed with costs. Application for special leave to appeal refused with costs.
Legal Topics
['duty of Care' 'breach of Duty' 'reasonable Foreseeability' 'personal Injury' 'local Council Liability' 'water Skiing Accident' 'jury Verdict']
['tort Law' 'negligence'] ['duty of Care' 'breach of Duty' 'reasonable Foreseeability' 'personal Injury' 'local Council Liability' 'water Skiing Accident' 'jury Verdict']

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Procedural Posture

Negligence Action for Damages for Personal Injury Arising From a Water Skiing Accident / Appeal to the High Court of Australia From a Majority Decision of the Court of Appeal of the Supreme Court of New South Wales, With an Associated Application for Special Leave to Appeal

Legal Issues

  1. 1 ['Whether it was reasonably open to the jury to conclude that Wyong Shire Council breached its duty of care to the plaintiff.' 'Whether a reasonable person in the Council engineer\'s position would have foreseen that the placement and wording of the "deep water" sign involved a risk of injury to an inexperienced water-skier.' 'Whether special leave to appeal should be granted to the two original defendants representing The Entrance Aquatic Club in relation to the cross-claim.']

Ratio Decidendi

The majority held that the jury's finding of breach of duty was reasonably open on the evidence. A reasonable person could regard the "deep water" sign as ambiguous and foresee that an inexperienced water-skier might read it as indicating deep water beyond the sign, ski there in mistaken reliance on that indication, and risk injury in water of only about three feet six inches. The risk was not far-fetched or fanciful, so the appeal was dismissed. The associated application for special leave to appeal was refused because it was not a case in which special leave should be granted.

Court Disposition

Appeal dismissed with costs. Application for special leave to appeal refused with costs.

Orders

  • ['Appeal dismissed with costs.' 'Application for special leave to appeal refused with costs.']