Uniting Church in Australia Property Trust (NSW) V Miller; Miller v Lithgow City Council

The case involved a school student, Ms Miller, who suffered a serious injury while training in a council-owned swimming pool. Ms Miller was directed by her swimming coach, employed by the school, to dive into the shallow end of the pool. She slipped and sustained her injuries. The dispute concerned the liability of both the Council, as the pool operator, and the School for Ms Miller's injuries. The matter was heard on appeal in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the Council was liable to Ms Miller, considering that guidance permitted diving by trained competitors into the shallow end of a pool. Furthermore, the Court had to consider whether the School was liable for failing to train Ms Miller to abort a mis-executed dive, for failing to recognise the elevated risk of a "track-start" dive at a pool lacking readily grippable coping tiles, and for failing to conduct a risk assessment of the pool. The central legal issues revolved around the concepts of "risk of harm," breach of duty of care, and causation in the context of a sporting injury.

The Court of Appeal allowed the School's appeal, finding that the School was not liable. The Court dismissed Ms Miller's appeal against the Council. The reasoning involved an assessment of the foreseeability of the harm and whether the defendants had taken reasonable precautions. The Court concluded that the School had not breached its duty of care in the respects alleged, and that the Council's operation of the pool, in accordance with relevant guidance, did not render it liable. Ms Miller was ordered to pay the costs of both the Council and the School.