Sharp v Parramatta City Council

The appeal concerned an action brought by the appellant against the respondent, Parramatta City Council, following injuries sustained by the appellant while jumping from a 10-metre diving platform at a public pool. The appellant alleged negligence on the part of the Council, specifically concerning supervision and instruction provided to users of the platform. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the occupier of the pool owed a duty of care to supervise and instruct individuals using the diving platform, whether the primary judge erred in their findings regarding the instructions given, and whether an adequate warning of the risk of injury was provided in accordance with section 5M of the *Civil Liability Act 2002* (NSW). Further, the Court considered whether any such warning was contradicted by the instructions given by a lifeguard, and whether the appellant's injuries arose from the materialisation of an obvious risk of a dangerous recreational activity, as contemplated by section 5L of the *Civil Liability Act 2002* (NSW).

The Court of Appeal dismissed the appeal, upholding the primary judge's findings. The reasoning involved an assessment of the adequacy of the warning provided and the nature of the instructions given by the lifeguard. The Court found that the warning was sufficient for the purposes of section 5M and that the risk of injury from jumping off the platform constituted an obvious risk of a dangerous recreational activity under section 5L. Consequently, the Council was not liable for the appellant's injuries. The appellant was ordered to pay the respondent's costs of the appeal.