Nagle v Rottnest Island Authority [1993] HCA 76

High Court of Australia Mason C.J. Brennan, Deane, Dawson and Gaudron JJ. Nagle v Rottnest Island Authority [1993] HCA 76

ORDER Appeal allowed with costs. Set aside the orders of the Full Court of the Supreme Court of Western Australia made on 11 March 1991 and in lieu thereof order that:

(i) the appeal to that Court be allowed with costs;

(ii) the orders of Nicholson J. made on 21 November 1989 be set aside;

(iii) judgment be entered for the appellant with costs;

(iv) the action be remitted to the Supreme Court of Western Australia to determine the outstanding issues of contributory negligence and damages.

Cur. adv. vult.

The following written judgments were delivered:—

1993, April 21 Mason C.J., Deane, Dawson and Gaudron JJ.

This is an appeal against a decision of the Full Court of the Supreme Court of Western Australia which, by majority [1] , dismissed an appeal against a decision of the trial judge [2] . The learned trial judge had dismissed an action brought by the appellant against the respondent for damages for personal injury suffered by the appellant, allegedly as a result of negligence, when he dived into the water at the Basin, Rottnest Island ("the Island"). The basis of his Honour's decision was his conclusion that the appellant failed on causation in that he had not discharged the onus of establishing that his injuries were caused by the respondent's breach of its duty of care to the appellant.

1. [1991] Aust. Torts Rep. 81-090 (Kennedy and Rowland JJ., Wallace J. dissenting). 2. [1989] Aust. Torts Rep. 80-298 (Nicholson J.).

The respondent is the successor to the liabilities of the Rottnest Island Board ("the Board") [3] which, on 16 October 1977, occupied and was under a duty to manage and control for the benefit of the public [4] the public reserve ("the Reserve") on the coast of the Island [5] . No other person exercised any relevant control over the Reserve in the Board's area of responsibility, which extended as far as the low water level [6] . The Reserve adjoined a swimming area known as the Basin.