Blackney v Clark [2013] NSWDC 144

District Court New South Wales

Medium Neutral Citation: Blackney v Clark [2013] NSWDC 144 Hearing dates: 24, 27, 28 & 29 May 2013 Decision date: 29 May 2013 Before: Neilson DCJ Decision: Verdict and judgment for the plaintiff Catchwords: PERSONAL INJURY - Torts - Negligence - Rescue - Defendant's vessel being sucked into breakers off Chinaman's beach - Defendant called skipper of 'The Julie' on which plaintiff was present and asked for assistance - Defendant attempted to cross waves to reach The Julie - Defendant's vessel overturned by a wave and capsized - Plaintiff entered sea to help defendant - Plaintiff thrown a tow line by skipper - Plaintiff connected tow line to defendant's vessel but knot gave way - Plaintiff lost contact with Defendant and washed up on the beach - Whether defendant was negligent in allowing his vessel to be washed in to shore by force of the breakers - Whether defendant negligent in attempting to return to sea in the way he did resulting in capsize Cases Cited: Dwyer v Southern [1962] NSWR 124 Haynes v Harwood [1935] 1 KB 146 Insurance Commissioner v Joyce (1948) 77 CLR 39 Malcolm v Dickson [1951] SC 542 Wagner v International Railway Co. (1921) 232 NY 176 Ward v T E Hopkins & Son Limited [1959] 3 All ER 225 White v The Chief Constable of South Yorkshire Police [1999] 2 AC 455 Category: Principal judgment Parties: David Robert Blackney (Plaintiff) Wilfred Edward Clark (Defendant) Representation: Mr G Radburn (Plaintiff) Mr N Polin (Defendant) Somerville Laundry Lomax (Plaintiff) Moray & Agnew Lawyers (Defendant) File Number(s): 2012/100741 Publication restriction: Pars [51] to [113]