Public Trustee as Administrator of the Estate of the late Peter Saroukos v Sutherland Shire Council

The Public Trustee, as administrator of the estate of the late Peter Saroukos, sought special leave to appeal to the High Court of Australia against a decision of the Court of Appeal. The dispute arose from an incident where Mr. Saroukos became quadriplegic after diving into Gunnamatta Bay from a walkway adjacent to a tidal swimming pool controlled by Sutherland Shire Council. Mr. Saroukos had dived to retrieve a thong that had fallen into the water.

The legal issues before the High Court concerned whether the Court of Appeal had erred in refusing to accept the primary judge's finding on causation. Specifically, the primary judge had found the Council negligent for failing to erect a pictorial sign warning of the dangers of diving in the area. This need for a warning was heightened by the area's popularity with ethnic groups, some of whom, like the deceased, might not be able to read standard signage. The primary judge also noted that the walkway's railing made it likely that objects or people could fall into the water, and that it was a place from which people might dive.

The primary judge had apportioned blame at 15 per cent to the Council and 85 per cent to the deceased. The Court of Appeal's refusal to accept the primary judge's finding on causation was the central point of contention for the special leave application. The applicant argued that the Court of Appeal's approach to causation was an aspect that warranted the grant of special leave in the interests of justice.