Redding v Manly Life Saving Club Inc & Anor [2018] NSWDC 278

District Court New South Wales

Medium Neutral Citation: Redding v Manly Life Saving Club Inc & Anor [2018] NSWDC 278 Hearing dates: 18, 19, 20 September 2018 Date of orders: 04 October 2018 Decision date: 04 October 2018 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the second defendant for $692,806.30. (2) Order the second defendant to pay the plaintiff's costs. (3) Grant leave to the parties to approach my Associate within 7 days if any different costs order is sought. Catchwords: TORTS – negligence – informal indoor cricket game – struck in eye with ball resulting in detached retina – plaintiff not a participant in game - whether there was a failure to take reasonable precautions – s 5B Civil Liability Act 2002

TORTS – negligence – causation – materialisation of inherent risk – obvious risk – contributory negligence Civil Liability Act 2002 ss 5D, 5F, 5H, 5I, 5R

DAMAGES – non-economic loss – out-of-pocket expenses – domestic assistance and care – economic loss and future loss of earning capacity – average weekly earnings (AWE) – plaintiff had capacity to earn more than AWE Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Cases Cited: Prast v Town of Cottesloe [2000] WASCA 274; (2000) 22 WAR 474 Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479 State of New South Wales v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536 Williams v Twynam Agricultural Group Pty Limited [2011] NSWSC 1098 Wyong Shire Council v Vairy [2004] NSWCA 247 Category: Principal judgment Parties: Newbie Louise Redding (Plaintiff) Manly Life Saving Club Incorporated (First Defendant) Scott White (Second Defendant) Representation: Counsel: S McCarthy (Plaintiff) J Chapman (First Defendant) D O'Dowd (Second Defendant)