The Council of the Municipality of Waverley v Bloom

The Council of the Municipality of Waverley (the Council) appealed to the Court of Appeal of New South Wales against a judgment of the Supreme Court of New South Wales which found the Council liable in negligence for injuries sustained by Mr. Bloom, a surfer. Mr. Bloom was struck by a surfboard while swimming at Bondi Beach, and the claim arose from the Council's alleged failure to properly control and manage the surf beach, specifically concerning the designation and enforcement of prohibited areas for surfing.

The central legal issues before the Court of Appeal were whether the Council owed a duty of care to Mr. Bloom in its management of the beach, whether that duty had been breached, and if so, whether any such breach was causative of Mr. Bloom's injuries. The Court also considered whether the reasons provided by the primary judge for their decision were adequate.

The majority of the Court, comprising Mason P and Sheller JA, dismissed the Council's appeal. They found that the Council, as the body responsible for the control and management of the surf beach, owed a duty of care to beach users, including swimmers like Mr. Bloom. The Court held that the Council had breached this duty by failing to adequately demarcate and enforce a prohibited area for surfing, thereby allowing surfers to operate in close proximity to swimmers. This failure was found to be causative of Mr. Bloom's injuries. Powell JA dissented, finding that the evidence did not establish a breach of duty or causation.