Tort Law

Nagle v Rottnest Island Authority [1993] HCA 76

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Facts
  • An employee of the Rottnest Island Authority dived off of some rocks and was seriously injured
  • He sued the RIA stating they breached their standard of care
Issue
  • Could the employer be held responsible
Held
  • The Authority exercised a high degree of control over the area, e.g. maintaining bike racks and toilets
  • The risk of someone jumping off the rocks was reasonably foreseeable so they should have acted, e.g. put up a sign
  • There was close proximity between the employer and the employee

Note: the HCA has today moved away from ‘proximity’ toward ‘vulnerability’. Thus the outcome may be different today.


-- Download Nagle v Rottnest Island Authority [1993] HCA 76 as PDF --


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