The Public Trustee as Administrator of the Estate of the Late Peter Saroukas v Sutherland Shire Council

The Public Trustee, as administrator of the estate of the late Peter Saroukas, brought proceedings against Sutherland Shire Council. The dispute concerned the Council's liability for the death of Mr Saroukas, who drowned in a public swimming pool managed by the Council. The proceedings were heard in the Supreme Court of New South Wales, Court of Appeal.

The central legal issue before the Court of Appeal was whether the Council owed a duty of care to Mr Saroukas, and if so, whether it had breached that duty, thereby causing his death. Specifically, the Court had to consider the extent of the Council's responsibility for the safety of patrons at the swimming pool and whether the measures in place were adequate to prevent foreseeable harm.

The Court of Appeal found that the Council did owe a duty of care to pool patrons, including Mr Saroukas. It reasoned that the Council, by operating a public swimming pool, assumed responsibility for the safety of those who used it. The Court held that the Council had breached this duty by failing to adequately supervise the pool area, particularly in the vicinity of a diving board where Mr Saroukas was last seen. The Court applied the principles of negligence, considering the foreseeability of the risk of drowning and the reasonableness of the precautions that ought to have been taken by the Council. The Court concluded that the Council's failure to implement sufficient supervision constituted a breach of its duty of care.

The Court of Appeal allowed the appeal, setting aside the trial judge's finding of no liability and remitting the matter to the Supreme Court for assessment of damages.