A recent High Court decision supports the emphasis NSW courts and the legislature have placed on personal responsibility in public liability claims, according to Phillips Fox partner Michael Down.

The High Court upheld a NSW Court of Appeal judgement which found in favour of Coffs Harbour City Council and the State of NSW.

Irish backpacker Garry Mulligan had claimed damages for serious spinal injuries suffered in 1999 when he dived into Coffs Creek and hit his head on the creek bed.  He sued Coffs Harbour City Council and the State of NSW for $9 million, claiming both parties had neglected to sufficiently warn users of the varying depths in the creek.

Mr Down says the High Court decision “clearly demonstrates that local councils should not be required to warn of matters that are common knowledge or be liable for injuries sustained in everyday recreational activities”.

The High Court decided the council had not been negligent and was not required to warn of the uneven creek bed. Mr Mulligan was ordered to pay the council’s legal costs.