Saad & Anor v Gosford City Council [2007] NSWSC 643

New South Wales Supreme Court

CITATION : Saad & Anor v Gosford City Council [2007] NSWSC 643

HEARING DATE(S) : 18/06/07, 19/06/07

JUDGMENT DATE : 28 June 2007

JUDGMENT OF : Hoeben J at 1

DECISION : Judgment in favour of the defendant. Plaintiffs to pay the defendant's costs of the proceedings.

CATCHWORDS : NEGLIGENCE - child drowned in lagoon - claims for nervous shock by parents against local council - allegation of failure to have appropriate warning sign - content of duty of care - whether breach of duty established - causation.

LEGISLATION CITED : Civil Liability Act 2002 Compensation to Relatives Act 1897

Mulligan v Coffs Harbour City Council [2005] 223 CLR 486 CASES CITED : Thompson v Woolworths (Q'land) Pty Ltd [2005] HCA 19 Vairy v Wyong Shire Council (2005) 223 CLR 422 Wyong Shire Council v Shirt (1980) 146 CLR 40

Sarkis Saad - First Plaintiff PARTIES : Mayada Saad - Second Plaintiff Gosford City Council - Defendant

FILE NUMBER(S) : SC 20239/2005

COUNSEL : C Evatt/M Rollinson - Plaintiffs S Campbell SC/P Cummings - Defendant

SOLICITORS : Teakle Ormsby George - Plaintiffs Moray & Agnew - Defendant

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOEBEN J

Thursday, 28 June 2007

HOEBEN J

20239/2005 – Sarkis SAAD & Anor v GOSFORD CITY COUNCIL

JUDGMENT 1 HIS HONOUR: Nature of claim: On the afternoon of 15 November 2003 Anthony Saad drowned in the Terrigal Lagoon. Anthony was born on 4 November 1997 and was aged six at the time of his death. The plaintiffs are his parents. The defendant was the public authority which had the care and control of the Terrigal Lagoon. 2 The plaintiffs have brought proceedings under the Compensation to Relatives Act 1897 and seek damages for nervous shock. They allege that Anthony's death was caused by the negligence of the defendant.