Sartor v Bitton

The case of Sartor v Bitton involved a claim for damages by a passenger injured during a fishing charter trip on a vessel operated by the defendants. The incident occurred when the vessel traversed a river bar, resulting in the passenger being thrown to the deck and sustaining injuries. The plaintiff alleged that the defendants were negligent in failing to provide adequate safety instructions and warnings regarding the potential hazards of crossing the river bar. The matter was heard in the Supreme Court of New South Wales.

The court was tasked with determining whether the defendants breached their duty of care towards the plaintiff by failing to warn of the risks associated with the river bar crossing and by not providing a safety induction. Additionally, the court had to assess whether the plaintiff's injuries were a direct result of this alleged breach of duty. The court also needed to determine the appropriate quantum of damages to be awarded to the plaintiff for non-economic loss, past economic loss, and future loss of earning capacity.

The court found that the defendants did indeed owe a duty of care to the plaintiff, which included providing warnings and safety instructions. The court determined that the defendants failed to warn the plaintiff of the specific dangers of the river bar, which was unknown to an inexperienced person. This failure constituted a breach of duty, and the plaintiff's injuries were a direct result of this breach. The court awarded the plaintiff damages for non-economic loss, past economic loss, and future loss of earning capacity, totalling $269,058.51. The court also ordered the defendants to pay the plaintiff's costs and granted leave to approach the Associate for potential reconsideration of the costs order.