Waterways Authority v Mathews

The Waterways Authority appealed to the New South Wales Court of Appeal against a judgment entered in favour of the respondent, Mr Mathews, in an action for negligence. Mr Mathews had suffered injuries when he fell from a jetty owned and maintained by the Waterways Authority. The dispute concerned whether the Authority owed a duty of care to Mr Mathews and, if so, whether it had breached that duty.

The primary legal issues before the Court of Appeal were whether the Authority, as an occupier of the jetty, owed a duty of care to Mr Mathews in respect of the condition of the jetty, and whether the risk of injury from the condition of the jetty was an obvious risk. The Court also considered whether, assuming a duty of care was owed, the Authority had breached that duty.

The Court of Appeal found that the risk of falling from a jetty was an obvious risk, and that the Authority had taken reasonable precautions to mitigate such risks. The Court held that the Authority was not negligent in its maintenance of the jetty and that Mr Mathews' injuries were a result of his own actions. The legal principle applied was that an occupier is not liable for injuries caused by obvious risks where reasonable precautions have been taken.

The Court allowed the appeal, setting aside the judgment and verdicts in favour of Mr Mathews. In lieu thereof, the Court ordered that a verdict be entered for the Waterways Authority. Mr Mathews was ordered to pay the costs of the Waterways Authority in the Court below and on appeal, with a certificate granted under the Suitors' Fund Act in respect of the appeal costs.