Fitzgibbon v The Waterways Authority

The appellant, Mr. Fitzgibbon, appealed to the Court of Appeal of New South Wales against a judgment in favour of the respondents, The Waterways Authority and others. The dispute arose from injuries sustained by the appellant when he struck his head on the sandy bottom of shallow waters at the Middle Harbour Yacht Club after participating in a regatta.

The central legal issue before the Court of Appeal was whether the trial judge had erred in finding that the appellant had not established that he lost his balance and fell into the water due to being jostled or pushed. This determination was crucial for establishing liability on the part of the respondents.

The Court of Appeal, comprising Meagher JA, Santow JA, and Foster AJA, found that the trial judge had made an error in his assessment of the evidence. The Court concluded that it was established in favour of the appellant that he had indeed lost his balance and fallen into the water as a result of being jostled or pushed. Consequently, the Court upheld the appeal, set aside the judgment in favour of the defendants, and ordered a new trial. The respondents were also ordered to pay the appellant's costs of the appeal and the first trial.