A victory for common sense (1 Viewer)

[MiuMiu]

Most of you have probably heard of this, got it off legalised.com

Diving accident pair lose appeals
By Michael Pelly
October 22, 2005

Two men crippled in divings accident have had their appeals rejected by the High Court on the basis that they should have been aware of the risks involved.

Ernie Vairy, now 46, became a tetraplegic when he dived off a rock platform at Soldiers Beach on 24 January 1993 during an outing with his sister's family and was awarded verdict of $5.05 million.

The NSW Court of appeal found for the local Wyong Council and by an excruciating 4-3 margin, Mr Vairy failed to win back his damages.

The majority said the council's duty of care did not include erecting signs warning against diving and that an experienced adult could be assumed to appreciate the risks of diving into the sea from a rock platform.

Garry Mulligan, now 36, from Ireland, was in Australia on holiday with his girlfriend when he was rendered a quadriplegic while diving in Coffs Creek at Park Beach near Coffs Harbour on 24 January 1999.

He sued for negligence over a lack of warning signs erected by Coffs Harbour City Council but lost at trial and in the court of appeal.

In its unanimous decision, the court said it was not essential to post warning signs at Coffs Creek when the danger of diving into water of variable depth existed at most beaches and waterways.

 

[Firefly05]

I'm glad there is some attempt to deal with the way that Tort law is being abused. A certain amount of common sense needs to go in to survival, you cant always blame someone else for your own stupidity or misfortune. While its awful that people have accidents with horrific consequences, the law should not be abused for the monetary value associated with winning a case.

 

[BillytheFIsh]

EDIT: Don't mind me, I'm stupid.

Anyway,

Negligence is funny. I just can't find it rewarding when ultimately the highest level the law gets to is trying to convince 4 blokes (or 1 female) out of 7 that your clients injury was "reasonably foreseeable".

I had to crack up when PAUA Nominees got leave from Callinan and Heydon to reopen Wagon Mound (No 2) and therefore Wyong Shirt v Shirt and then after hearing the appellant's arguments at hearing procedded to rescind the leave before even hearing from the Respondent.

Conclusion: Torts is silly.

 

[MiuMiu]

Hehe I loved torts for the simple fact that the case law was so damned hilarious.

Oh, that and it was easy....you can't say that about many law subjects!

 

[MaryJane]

I love tort law so, so much... If only it was a viable career...

 

[erawamai]

I love tort law so, so much... If only it was a viable career...

But all young girls want to do family law!

 

[MoonlightSonata]

haha

she does though

 

[Ziff]

Angry Gleeson and Kirby:
"The decision of this Court in Nagle v Rottnest Island Authority[4] is not authority for the proposition that the coastline of Australia should be ringed with signs warning of the danger of invisible rocks. That was a decision about the legal principles relevant to the existence of a duty of care."

 

[erawamai]

haha

she does though

According to LLS family law is perhaps the toughest and most emotionally draining area of practice. Not many actually practice it for long. They also caution students about getting personally invovled in family law matters. Something that seemingly occurs often. Girls are often drawn to it for some odd reason. It seems very very very messy. Especially when children are invovled. Its hardly an area of practice which brings out the best in human behaviour.

 

[MiuMiu]

I have to admit to being very interested in family law.

But I think id stay away from it because it would not only be heartbreaking and hard not get get emotionally involved, but I think it would affect your own relationships with your family to a certain extent, and not in a good way...

 

[Soma]

From the mouth of a practitioner, family law is dominated by sleazy men who wear rolexes, drive sports cars and are swathed in gold jewellery. The rich ones generally only act for the male parties and earn their living by destroying the character of women through insinuations of them being promiscuous amongst other things. Because their clients are often hiding their assets family lawyers are often paid in cash which is probably why they tend to be so ostentatious.

 

[erawamai]

From the mouth of a practitioner, family law is dominated by sleazy men who wear rolexes, drive sports cars and are swathed in gold jewellery. The rich ones generally only act for the male parties and earn their living by destroying the character of women through insinuations of them being promiscuous amongst other things. Because their clients are often hiding their assets family lawyers are often paid in cash which is probably why they tend to be so ostentatious.

I'd tend to believe that.

 

[santaslayer]

Remember my legal studies teacher saying similar things. Didn't a Judge get shot/killed right after a trial? The husband follwed the wife and kid interstate and they finally ended up in court whereby he shot the judge after the trial..? It was a case study for HSC legal...


anyway, im a robot.

 

[erawamai]

Remember my legal studies teacher saying similar things. Didn't a Judge get shot/killed right after a trial? The husband follwed the wife and kid interstate and they finally ended up in court whereby he shot the judge after the trial..? It was a case study for HSC legal...
anyway, im a robot.

A few Family court judges in the 1980s got bombs on their front door steps.

 

[Not-That-Bright]

I remember having an argument in class with my teacher about this very case, he supported the original decision

 

[BillytheFIsh]

A few Family court judges in the 1980s got bombs on their front door steps.

Incidently, this is why they started wearing ropes ect again.