Sartor v Bitton [2019] NSWDC 723

District Court New South Wales

Medium Neutral Citation: Sartor v Bitton [2019] NSWDC 723 Hearing dates: 17, 18, 19 July, 13 August, 11 October 2019 Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the second plaintiff against the defendants for $269,058.51. (2) Order the defendants to pay the second plaintiff's costs as agreed or assessed. (3) Grant leave to approach my Associate if either party wishes to list the matter again before me to seek a different costs order. Catchwords: NEGLIGENCE – fishing charter vessel travelling through river bar – risk of suffering injury if large waves were encountered and passenger was not keeping a firm hold – risk unknown to an inexperienced person - passenger thrown to deck suffering injuries – need to provide a safety induction and to warn passengers of the dangers of the river bar – need to warn passengers to hold on to rails

NEGLIGENCE – Civil Liability Act 2002 (NSW) – ss 5B, 5D, 5E, 5F, 5G, 5H, 5I, 5J, 5L, 5M

DAMAGES – non-economic loss - past economic loss – future loss of earning capacity - Civil Liability Act 2002 (NSW) ss 13, 16 Legislation Cited: Civil Liability Act 2002 (NSW) Competition and Consumer Act 2010 (Cth) Motor Accidents Compensation Act 1999 Partnership Act 1892 (NSW) Cases Cited: Lormine Pty Ltd & Anor v Xuereb [2006] NSWCA 200 Motorcyling Events Australia Group Pty Ltd v Kelly [2013] NSWCA 361 Williams v Twynam Agricultural Group Pty Ltd & Anor [2011] NSWSC 1098 Texts Cited: Roads and Maritime Services Coastal Bar Safety Guide Category: Principal judgment Parties: Robert Sartor (First Plaintiff) Megan Short (Second Plaintiff) Glynn James Bitton (First Defendant) Julie Bitton (Second Defendant) Representation: Counsel: R Royle (Plaintiffs) G Smith (Defendants)