Farmer v The Australian Volunteer Coast Guard Association Incorporated [2008] NSWDC 12

New South Wales District Court

CITATION: Farmer v The Australian Volunteer Coast Guard Association Incorporated [2008] NSWDC 12

HEARING DATE(S): 30-31 January 2008, 1 February 2008 EX TEMPORE JUDGMENT DATE : 8 February 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1.Verdict and judgment for the plaintiff in the sum of $70,334.26. DECISION: 2.The defendant is to pay the plaintiff's costs of the proceedings. 3.The exhibits will be retained for 28 days except for the x-ray film Exhibit K which is released.

CATCHWORDS: Boating accident - Credit - Duty of care to persons on floating pontoon

PARTIES: John Farmer The Australian Volunteer Coast Guard Association Incorporated

FILE NUMBER(S): Newcastle 404/06

COUNSEL: Plaintiff - C A W Hart Defendant S E Torrington

SOLICITORS: Plaintiff - Bale Boshev Defendant - McCabe Terrill

JUDGMENT

1 Mr John Farmer suffered a significant injury when he fell from a floating pontoon into the waters of Port Stephens at Lemon Tree Passage. The pontoon was available to the public as a boat launching facility and was used by the defendant for the purposes of its coastal patrol operations. In the course of assisting the defendant in one such operation the plaintiff fell. He claims that he fell because of the way in which the defendant's volunteers operated the defendant's vessel when berthing it at the pontoon.

2 The issues to be decided are: 1. credit, that is which versions of what occurred at the incident is to be accepted. 2. whether on the facts as found there was negligence on the part of the defendant, and 3. the compensation, if any, payable to the defendant in respect of non economic loss, domestic care and out-of-pocket expenses.