Bennett v Manly Council and Sydney Water Corporation

Bennett sought damages from Manly Council and Sydney Water Corporation for injuries sustained while swimming at Manly Beach. The swimming area was adjacent to a large rock platform which was known to cause rips and hazardous currents. Bennett was caught in a rip current and dragged underwater. The District Court was tasked with determining whether the defendants owed a duty of care to swimmers, whether that duty was breached, and whether Bennett's own actions contributed to his injuries.

The court considered whether the defendants owed a duty of care to swimmers at the beach, focusing on the foreseeable risk of injury posed by the rock platform. It examined whether the risk was so obvious that the defendants could not be held liable, and whether any statutory immunity applied. The court assessed whether the defendants breached their duty by failing to warn swimmers of the dangerous conditions or by not implementing measures to mitigate the risk. It also evaluated whether Bennett's contributory negligence should reduce any potential damages awarded.

After weighing the factors, the court found that while the defendants owed a duty of care to swimmers, the risk of injury was so obvious that they were not liable for failing to warn. The court held that the statutory immunity of the defendants also applied, barring any claim against them. Additionally, it was determined that Bennett's contributory negligence, in not swimming closer to the shore, contributed to his injuries. As a result, Bennett's claim was dismissed.

The court ordered that Bennett's claim be dismissed with no order as to costs.