Hume v Patterson [2013] NSWSC 1203

Supreme Court New South Wales

Medium Neutral Citation: Hume v Patterson [2013] NSWSC 1203 Hearing dates: 8, 9, 10, 11, 12 October 2012; 25, 26, 27 March 2013 Decision date: 30 August 2013 Jurisdiction: Common Law Before: Campbell J Decision: 1) Judgment for the plaintiff on the question of liability with damages to be assessed; 2) The defendant to pay the plaintiff's costs of the determination of the separate question of liability forthwith after they have been agreed or assessed; 3) List the matter for directions before the Common Law Case Management Registrar at 9:00 am on Friday 27th September 2013. Catchwords: TORTS - negligence - plaintiff suffered catastrophic injury while participating in sport of wakeskating - determination of liability as separate question- whether defendant tow boat driver was in breach of his duty to exercise reasonable care for the safety of the plaintiff in the conduct of the activity - whether wakeskating dangerous recreational activity Legislation Cited: Civil Liability Act 2002 (NSW) Civil Liability Amendment (Personal Responsibility) Act 2002 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: - Dovuro Pty Ltd v Wilkins [2003] HCA 51; 215 CLR 317 - Echin v Southern Tablelands Gliding Club [2013] NSWSC 516 - Fallas v Mourlas [2006] NSWCA 32; 65 NSWLR 418 - Falvo v Australian Oztag Sports Association [2006] NSWSC 17 - Imbree v McNeilly [2008] HCA 40; 236 CLR 510 - Jones v Dunkel (1959) 101 CLR 298 - Lormine Pty Ltd v Xuereb [2006] NSWCA 200 - Paric v John Holland Constructions Pty Ltd [1985] HCA 58; 59 ALJR 844 - Rootes v Shelton (1967) 116 CLR 383 - Wallace v Kam [2013] HCA 19; 87 ALJR 648 -Wyong Shire Council v Shirt (1980) 146 CLR 40 Category: Principal judgment Parties: Martin Hume (plaintiff) Timothy John Patterson (defendant) Representation: Counsel: Dr AS Morrison SC and A Campbell (plaintiff) GJ Parker SC (defendant) Solicitors: Gerard Malouf & Partners (plaintiff) HWL Ebsworth (defendant) File Number(s): 2010/379172