Mulligan v Coffs Harbour City Council

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJGARRY SEAN MULLIGAN  APPELLANTANDCOFFS HARBOUR CITY COUNCIL & ORS  RESPONDENTSMulligan v Coffs Harbour City Council [2005] HCA 6321 October 2005S502/2004ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation:G O'L Reynolds SC with R J M Foord and J C Hewitt for the appellant (instructed by Martin Bell & Co)M T McCulloch SC with S P W Glascott for the first respondent (instructed by Phillips Fox)J E Maconachie QC with B M Green for the second to fourth respondents (instructed by Crown Solicitor for New South Wales) Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMulligan v Coffs Harbour City CouncilTorts – Negligence – Duty of care – Breach of duty – Foreseeability of risk of injury – Local authority – Power of care, control and management of natural reserve – Person suffered injury when diving into a body of water – Whether a reasonable local authority would have erected signs warning against the dangers of diving – Relevance of obviousness of risk to questions of duty and breach. Marine Parks Act 1997 (NSW).GLEESON CJ AND KIRBY J.   This appeal was heard together with Vairy v Wyong Shire Council[1].  In our reasons in that case we made some general remarks about the role of precedent in decision-making on the issue of breach of duty in negligence actions.  We would incorporate them by reference...