Muggleton v State of New South Wales & Anor [2018] NSWDC 151

District Court New South Wales

Medium Neutral Citation: Muggleton v State of New South Wales & Anor [2018] NSWDC 151 Hearing dates: 12 June 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the second defendant for $337,899.68. (2) Order the second defendant to pay the plaintiff's costs. (3) Liberty to approach my Associate within 7 days if either party seeks any different costs order. Catchwords: DAMAGES – non-economic loss – past economic loss – future loss of earning capacity Legislation Cited: Civil Liability Act 2002 (NSW) Category: Principal judgment Parties: Robert William Muggleton (plaintiff) State of New South Wales (first defendant) Roads and Maritime Services (second defendant) Representation: Counsel: Ms E Welsh (plaintiff) Mr S McCarthy (first defendant) Mr S McCarthy (second defendant)

Solicitors: Brydens (plaintiff) Meridian Lawyers (first defendant) Meridian Lawyers (second defendant) File Number(s): 2014/332314

Judgment

Introduction 1. The Sow and Pigs Reef is a dangerous hazard to navigation, just inside the entrance to Sydney Harbour. On 11 November 2011 the plaintiff was a crewman aboard the racing yacht "Kookaburra". The yacht hit the reef at speed and the plaintiff was seriously injured. 2. By a Statement of Claim filed on 11 November 2014 the plaintiff sued the State of New South Wales as first defendant and Roads and Maritime Services as second defendant. The plaintiff discontinued against the first defendant with no order as to costs. 3. The second defendant is the government entity responsible for marking navigation hazards. Shortly prior to the "Kookaburra" running aground, the second defendant had placed a navigation mark in the wrong place, so that the skipper of "Kookaburra" believed he was sailing in clear water rather than towards the reef. Liability was admitted by the second defendant and the matter proceeded as an assessment of damages.