Polglase by his tutor Jeffrey Polglase v Coffs Harbour City Council (No 2)

The case before the court involved a catastrophic personal injury to a child, who fell off a jetty through a railing, leading to claims against the Coffs Harbour City Council, the Reserve Trust, and the State. The child, represented by his tutor, sought damages for the injuries sustained. The court was tasked with determining the liability of the defendants and assessing the applicability of the statutory provisions under the Civil Liability Act 2002 (NSW), specifically sections 5O, 5M, and 42.

The primary legal issues centred on the respective duties of the defendants as occupiers and designers of the structure, as well as the duty of the child's grandparents as carers. The court needed to ascertain whether the Council and Reserve Trust breached their duty of care to the child, whether the State, as the designer of the structure, was liable, and if the grandparents could be held accountable for failing to adequately supervise the child. The court also had to consider the impact of the statutory provisions on the assessment of damages and the apportionment of liability.

The court found that the Council and Reserve Trust had a duty to ensure the safety of the jetty, and their failure to install adequate barriers or provide sufficient warning signs contributed to the child's injury. The State was held liable for the design of the jetty, as the structure was inherently dangerous without proper safeguards. The grandparents were deemed to have breached their duty of care by not closely supervising the child, which also contributed to the accident. The court applied the statutory provisions to reduce the child's damages by 25% under section 5O, considered contributory negligence under section 5M, and ordered the apportionment of liability in accordance with section 42. The final orders reflected these findings, detailing the compensation to be awarded and the distribution of liability among the defendants.