Waterways Authority v Fitzgibbon & Ors

The High Court of Australia considered the appeal in *Waterways Authority v Fitzgibbon & Ors*. The dispute concerned the liability of the Waterways Authority for injuries sustained by the respondents when their vessel collided with a submerged object in a waterway managed by the Authority. The respondents alleged negligence on the part of the Authority in failing to adequately mark or remove the submerged object, which they claimed posed a hazard to navigation.

The central legal issues before the High Court were whether the Waterways Authority owed a duty of care to users of the waterway in relation to submerged objects, and if so, whether that duty had been breached. The Court was required to determine the scope of the Authority's responsibilities in managing navigable waters and the standard of care expected of such a statutory body in ensuring the safety of those using the waterways under its control.

The High Court, by majority, held that the Waterways Authority did owe a duty of care to users of the waterway. This duty extended to taking reasonable steps to identify and mitigate risks posed by submerged objects that were not obvious and could cause harm to vessels. The Court reasoned that the Authority's statutory functions of managing and regulating waterways imposed upon it a positive obligation to ensure they were reasonably safe for navigation. The failure to adequately inspect, mark, or remove the submerged object was found to be a breach of this duty, as it was foreseeable that such an object could cause damage and injury. The appeal was dismissed.