Splash Waterpark Pty Ltd v Tim Schnitzerling [2021] NSWDC 62

Splash Waterpark Pty Ltd v Tim Schnitzerling [2021] NSWDC 62

The plaintiff established a breach of duty of care but failed to prove, on the balance of probabilities, that any damage occurred or was caused by the defendant's negligence. Without evidence of damage, the claim for repair costs and loss of profits must fail.

Jurisdiction
Australia
Judgment Date
15 March 2021
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the defendant
Legal Topics
['duty of Care' 'foreseeability of Harm' 'property Damage' 'consequential Loss' 'burden of Proof']
['negligence' 'damages'] ['duty of Care' 'foreseeability of Harm' 'property Damage' 'consequential Loss' 'burden of Proof']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant was negligent in the management of his vessel and owed a duty of care to the plaintiff' "Whether the plaintiff suffered damage caused by the defendant's negligence" 'Whether the repair costs and loss of profits claimed by the plaintiff were properly established']

Ratio Decidendi

The plaintiff established a breach of duty of care but failed to prove, on the balance of probabilities, that any damage occurred or was caused by the defendant's negligence. Without evidence of damage, the claim for repair costs and loss of profits must fail.

Court Disposition

Judgment for the defendant

Orders

  • ['Judgment for the defendant.' "Order the plaintiff to pay the defendant's costs." 'Grant leave to the parties to notify the Associate by 22 March 2021 if a different costs order is sought.']