Sharp v Parramatta City Council [2015] NSWCA 260

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sharp v Parramatta City Council [2015] NSWCA 260 Hearing dates: 17 March 2015 Decision date: 02 September 2015 Before: Meagher JA at [1]; Ward JA at [46]; Gleeson JA at [47] Decision: 1. Appeal dismissed. 2. Appellant pay the respondent's costs of the appeal. Catchwords: TORTS – negligence – where appellant injured jumping off 10 metre diving platform – whether occupier of pool owed duty of care to supervise and instruct individuals using platform – whether primary judge erred in finding as to instruction given – whether warning of risk of injury in using platform was given in accordance with s 5M of the Civil Liability Act 2002 (NSW) – whether that risk warning contradicted by instructions given by lifeguard – whether appellant's injuries were suffered as a result of materialisation of an obvious risk of dangerous recreational activity within s 5L of the Civil Liability Act 2002 (NSW) Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D, 5F, 5H, 5I, 5K, 5L, 5M, 5R Uniform Civil Procedure Rules 2005 (NSW), r 51.53(1) Cases Cited: Action Paintball Games Pty Ltd (in liquidation) v Barker [2013] NSWCA 128 Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; 162 CLR 479 Fox v Percy [2003] HCA 22; 214 CLR 118 Lorrimar v Serco Sodexo Defence Services Pty Ltd [2014] NSWCA 371 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; 234 CLR 330 Streller v Albury City Council [2013] NSWCA 348 Tory v Megna [2007] NSWCA 13 Vairy v Wyong Shire Council [2005] HCA 62; 223 CLR 422 Category: Principal judgment Parties: Erin Sharp (Appellant) Parramatta City Council (Respondent) Representation: Counsel: R Sheldon SC with E Welsh (Appellant) J E Sexton SC (Respondent)