Rhiannon Rigby v Shellharbour City Council & Anor [2005] NSWSC 86

Rhiannon Rigby v Shellharbour City Council & Anor [2005] NSWSC 86

The defendants owed the plaintiff a duty to take reasonable care because serious injury from use of the BMX track, particularly the starting ramp in proximity to the first hump, was foreseeable. Although the general public did not need to be excluded, the whole track did not need to be fenced, the track was not shown to be defectively designed or maintained, and warning signs were not shown likely to be effective, the starting pad and ramp were a dangerous allurement for inexperienced riders and should have been fenced off. The failure to fence the starting pad and ramp was a breach of duty by both defendants and probably caused or materially worsened the plaintiff's accident. The...

Jurisdiction
Australia
Judgment Date
08 April 2005
Procedural Posture
Negligence Personal Injury Proceedings / Judgment After Trial
Outcome
Judgment for the plaintiff against both defendants for $1,847,536.70 plus costs. Judgment on each cross-claim for the cross-claimant for $923,768.35. Consequential orders made.
Legal Topics
['public Authority Liability' 'bmx Cycle Track' 'duty of Care' 'breach of Duty' 'failure to Fence Starting Ramp' 'warning Signs' 'contributory Negligence' 'apportionment Between Defendants' 'brain Damage' 'future Care and Assistance' 'funds Management Costs']
['negligence' 'personal Injury' 'damages'] ['public Authority Liability' 'bmx Cycle Track' 'duty of Care' 'breach of Duty' 'failure to Fence Starting Ramp' 'warning Signs' 'contributory Negligence' 'apportionment Between Defendants' 'brain Damage' 'future Care and Assistance' 'funds Management Costs']

Case Brief

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Procedural Posture

Negligence Personal Injury Proceedings / Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendants owed and breached a duty of care to the plaintiff in relation to the BMX track.' 'Whether the public should have been excluded from the track or the whole track fenced.' 'Whether the track was inadequately designed, constructed or maintained.' 'Whether warning signs should have been erected and would have prevented the accident.' 'Whether the starting pad and ramp should have been fenced off to prevent use by inexperienced riders.' 'Whether the plaintiff was contributorily negligent.' 'How responsibility should be apportioned between the defendants on the cross-claims.' "What damages should be awarded for the plaintiff's injuries and disabilities, including care, childcare assistance and funds management."]

Ratio Decidendi

The defendants owed the plaintiff a duty to take reasonable care because serious injury from use of the BMX track, particularly the starting ramp in proximity to the first hump, was foreseeable. Although the general public did not need to be excluded, the whole track did not need to be fenced, the track was not shown to be defectively designed or maintained, and warning signs were not shown likely to be effective, the starting pad and ramp were a dangerous allurement for inexperienced riders and should have been fenced off. The failure to fence the starting pad and ramp was a breach of duty by both defendants and probably caused or materially worsened the plaintiff's accident. The...

Court Disposition

Judgment for the plaintiff against both defendants for $1,847,536.70 plus costs. Judgment on each cross-claim for the cross-claimant for $923,768.35. Consequential orders made.

Orders

  • ['I direct the entry for judgment for the plaintiff against both defendants for $1,847,536.70.' "I order the defendants to pay the plaintiff's costs of the proceedings except that the plaintiff is only to be allowed 60 per cent of the expenses of the witness, Mr Moir." 'On each of the cross-claims I direct the entry...