Swain v Waverley Municipal Council

Swain sued Waverley Municipal Council in the Supreme Court of New South Wales, alleging negligence. The dispute concerned the Council's failure to warn of a dangerous rip current at Bondi Beach, which allegedly caused Mr Swain's severe spinal injury. The case proceeded to the High Court of Australia on appeal.

The High Court was required to determine whether the Council owed a duty of care to beachgoers, including Mr Swain, to warn of the dangers posed by rip currents at Bondi Beach. It also had to consider whether the Council breached that duty of care by failing to take reasonable steps to warn of such dangers, and if so, whether that breach caused Mr Swain's injuries.

McHugh and Gummow JJ applied the principles of negligence established in Australian common law. They considered the foreseeability of harm to beachgoers from rip currents and the reasonableness of the Council's actions or omissions in the circumstances. The Court examined the extent of the Council's control over the beach and its knowledge of the risks. The judges concluded that the Council did owe a duty of care and that its failure to implement adequate warning systems constituted a breach of that duty, which caused Mr Swain's injuries.

The High Court allowed the appeal, finding the Council liable in negligence.