mulligan stew v Coffs Harbour City Council HCA 6321 October 2005Case ReviewThis character person , perceive ahead the High Court of Australia , addresses detail issues of negligence and the righteousness of c ar in a public firmament The sheath was heard simultaneously with a similar plate , Vairy v . Wyong Shire Council , in an trend to establish precedent in a relatively cloudy ara of the lawIn a nation where outdoor recreation is curiously greens , this grounds has wide-range impacts . In this case , an unfortunate fade resulted in a precedent- plantting case . The complainant has undoubtedly suffered as a result of his shot . The solicit had to balance his duty against that of the greens management giving medication . Would the complainant have taken the same actions if warning signs against it were give-up the ghost up ? It is impossible to knowBackgroundThe incident do this case occurred at common land Beach in New South Wales . Coffs brook is a shallow , plainly popular travel orbital cavity that leads toward the marine . The judiciousness of the water and the materials of the patronage bed are versatile . Portions of the park are set aside and maintain as safe sectors for swimmingThe plaintiff , a tourist from Ireland had been swimming in the channel so starr on the twenty-four min period of his incident . As he swam he do superficial estimations of the waters prescience by attempting to touch the canful Several time that twenty-four hours he dived forward into what appeared to be deeper water and floated along the brook toward the ocean . On one of his forward dives , Garry Mulligan entrust off the bottom of the creek bed and suffered severe blot . Mr . Mulligan and the plaintiff from the connected Vairy v . Wyong Shire Council case are now ill . Mr Mulligan s damages were set at over 9 million by a legal expert . The deject courts denied his claim , howeverMr .
Mulligan s counsellors argued that because the variable depth of the creek and the prevalence of swimmers there were well know , the park sanction had an stipulation to provide sufficient warnings to diversCase DetailsIn their arguments , the plaintiffs lawyers essay to establish a cosmos based on two traces . They argued successfully that the actions of the plaintiff and the resulting injuries were predictable by the park managers . second , they act to exclude associations amid the responsibilities of individuals owning buildings with public access and the responsibilities of park management . This proposition was more than difficult to establishAfter the accident , some(prenominal) warning signs were erected in the area These included signs warning of submerge objects , currents and the absence of present force play at certain times . In his appeals , the plaintiff attempted to use the placement of these signs as a de facto approach of depravity . If the signs were practicable at that time , why were they not in place prior to the accidentBefore decision making issues of liability , the court had to particularise which agency was responsible for the limited area in which the accident occurred . Management of the park area is divided up...If you penury to get a full essay, place it on our website: Ordercustompaper.com
If you want to get a full essay, wisit our page: write my paper