Mulligan v Coffs Harbour City Council (2005) HCA 63

March 13, 2018 casesummaries

Facts

Mulligan was swimming in Coffs Harbor when he performed a dive several times. On the last occasion, he hit a sand dune and became a paraplegic.
There were no signs warning of the uneven bed as a result of the sand dunes in the area

Issue

Was it negligent on the part of the Coffs Harbour council?

Held

Although the risk was foreseeable, it was outside the scope of the duty of care to put up signs
Although tragic, the Court accepted that sometimes people are ‘authors of their own misfortune’
It was distinguished from Rottnest Island Authority because in Mulligan’s case, the risk was not as obvious.

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