Romeo v Conservation Commission (NT) [1998] HCA 5

High Court of Australia Brennan CJ Toohey, Gaudron, McHugh, Gummow, Kirby and Hayne JJ Romeo v Conservation Commission (NT) (D584/1996) [1998] HCA 5

ORDER Appeal dismissed

Cur adv vult

The following written judgments were delivered:—

2 February 1998 Brennan CJ.

1. On 24 April 1987 Nadia Anne Romeo, the appellant, fell 6½ m from the top of the Dripstone Cliffs onto the Casuarina Beach in suburban Darwin. She was nearly sixteen at the time. She suffered serious injuries causing high level paraplegia. She claimed damages in the Supreme Court against the respondent, the Conservation Commission of the Northern Territory (the Commission). The Commission is a public authority charged with the management and control of the Casuarina Coastal Reserve which includes the Dripstone Cliffs and the beach below. The reserve is an area of natural beauty which extends over 8 km of coastline. The section of the Reserve near the Dripstone Cliffs was described [1] by the trial judge, Angel J, in these terms:

At that time, most visiting members of the public used the cliff-top area of the reserve in the early evening to view tropical sunsets. An area known as Dripstone Park or Lions Park is some distance from the cliffs. A range of facilities were provided at that park by the [Commission], such as barbeques, showers and toilets, car parking facilities, lighting, play equipment, shade and grassed areas. The only facility provided at the top of the Dripstone Cliffs was a car park, the perimeter of which consisted of low post and log fencing erected by the [Commission]. The grass at the top of the cliffs was cut and maintained by the [Commission] and plants there were irrigated by the [Commission]. 1. Romeo v Conservation Commission (NT) (1994) 123 FLR 71 at 72104 NTR 1 at 2.

2. On the day of the accident the appellant worked until 9 pm at the Casuarina Shopping Square. She met her friend, Jacinta Hay, and arranged to meet other young people for a beach party. They arrived at the Reserve adjacent to the cliffs at about 10.15 pm. The two girls had bought a 750 ml bottle of Bundaberg Rum and some Coca Cola on the way. Angel J found that the two girls each consumed approximately 150 ml of rum during the evening prior to the accident. The appellant was an inexperienced drinker and Angel J found that she was adversely affected by alcohol at the time of her accident but it was not possible to say with any accuracy to what degree her behaviour, concentration and judgment were impaired. The appellant and Jacinta Hay both fell over the cliff after 11.45 pm. Neither has any recollection of the circumstances in which she fell and there is no other direct evidence as to the circumstances of their fall.