Palmer and Jamieson t/as Byron Bay Skydiving Centre v Griffin

Palmer and Jamieson, trading as Byron Bay Skydiving Centre, appealed to the New South Wales Court of Appeal against a judgment entered against them in favour of the respondent, Griffin. The dispute concerned liability for injuries sustained by Griffin during a skydiving activity conducted by the appellants.

The primary legal issue before the Court of Appeal was whether the appellants had breached their duty of care to Griffin, and if so, whether that breach caused or contributed to his injuries. The court was required to consider the nature of the duty owed by a skydiving operator to its participants and the extent to which a participant might assume inherent risks associated with such an activity.

The Court of Appeal found that the evidence did not establish a breach of duty by the appellants. Their Honours reasoned that the risks associated with skydiving are well-known and inherent to the activity. In the absence of evidence demonstrating negligence on the part of the appellants in the operation of their business or the equipment used, the injuries sustained by Griffin were to be considered as arising from the inherent risks of skydiving, which Griffin had accepted by participating. Consequently, the appeal was allowed, the judgment and order of the court below were set aside, and judgment was entered for the defendants (the appellants), with costs.