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

District Court New South Wales

Medium Neutral Citation: Splash Waterpark Pty Ltd v Tim Schnitzerling [2021] NSWDC 62 Hearing dates: 4, 5 and 10 March 2021 Date of orders: 15 March 2021 Decision date: 15 March 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the defendant. (2) Order the plaintiff to pay the defendant's costs. (3) Grant leave to the parties to notify my Associate by 22 March 2021 if a different costs order is sought. Catchwords: NEGLIGENCE — Duty of care – Foreseeability of harm – yacht dragged anchor and came into contact with inflatable waterpark when predicted strong southerly change blew up DAMAGES – whether waterpark suffered any damage – whether damage caused by yacht - repair costs - consequential economic loss – plaintiff failed to call evidence to establish damage by way of repair costs or loss of profits – not a suitable case for court to estimate damages in the absence of evidence Legislation Cited: Civil Liability Act 2002 (NSW), s 5B, s 5C Cases Cited: Bunnings Group Limited v Giudice [2018] NSWCA 144 Hunter v Canary Wharf [1996] AC 655 Murphy v Brown (1985) 1 NSWLR 131 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10; (2003) 196 ALR 257 Public Trustee v Hermann (1968) WN (Pt 1) (NSW) 442 Troulis v Vamvoukakis [1998] NSWCA 237 Texts Cited: McGregor on Damages (15th Edition), Sweet & Maxwell Category: Principal judgment Parties: Splash Waterpark Pty Ltd (Plaintiff) Tim Schnitzerling (Defendant) Representation: Counsel: S Grey (Plaintiff) N Olson (Defendant)