$8 million case for a Sydney council

Ekka · 23rd October 2007, 06:12 AM

Here we go again.

A dude jumps off a cliff into the ocean but it's only 1m deep and is now a paraplegic ... council's fault, they control his brain you know.

Council will pay $8m over cliff dive | Herald Sun

Maybe all trees in parks need a sign, do not climb!

Sean Freeman · 23rd October 2007, 12:27 PM

Sounds a lot like the case where the guy dove into the surf (Bondi I think) and hit a sand bar claimed damages (paraplegic) won but was overturned on appeal (rightly so IMO) expect same will happen here.

Quintrex · 23rd October 2007, 01:29 PM

Sean, I think that case was at Manly.
Steve

Ekka · 23rd October 2007, 01:37 PM

Rock plunge man denies drinking - Breaking News - National - Breaking News

The dude reckons he wasn't drinking but did share a VB after breakfast at 9am.

Sean Freeman · 23rd October 2007, 01:53 PM

He should loose the case soley on the basis that he has appauling taste in beer......VB

No wonder he tried to top himself

Ekka · 23rd October 2007, 01:57 PM

At 9am he could have gone a Boag's atleast!

Sean Freeman · 23rd October 2007, 02:04 PM

Bit partial to that Wizard Smiths ale at the moment..

(well not at this moment as I'm about to leave for work!!!!

)

mdvaden · 23rd October 2007, 03:57 PM

The "agreed" and "if found liable" stand out.

I don't think any signs are neccessary at all.

Anybody diving should always be responsible to verify depth and submerged obstacles on their own - and often that's not enough to justify a jump or dive.

What a fool.

rangitata · 23rd October 2007, 08:45 PM

Its a slow process but "survival of fittest" will win in the end.
Its amazing how people don't think they are responsible for their own actions.

Like the bloke in Brisbane who when blind drunk got hit by a car when crossing the road, sued the pub for serving him beer and the car for being on the road whilst he was.

Where is the reverse gear when you need it.

Ekka · 23rd October 2007, 09:35 PM

Quote:

Originally Posted by rangitata

Its a slow process but "survival of fittest" will win in the end.
Its amazing how people don't think they are responsible for their own actions.

Like the bloke in Brisbane who when blind drunk got hit by a car when crossing the road, sued the pub for serving him beer and the car for being on the road whilst he was.

Where is the reverse gear when you need it.

I'm sure that's the Chevron Hotel case from the Gold Coast approx 1990 to 2000 era and was the catalyst for new laws pertaining to serving drunks and the escalated insurance premium years.

That case turned out a fraud.

Insurance Law - July 2000 Liability on tap a bitter brew fro publicans

Quote:

Queensland Court of Appeal

The Court of Appeal found that much of the plaintiff?s evidence (as to his being in the Hotel and his becoming hopelessly drunk at that venue, before the accident) was fraudulent

The Court found that the plaintiff had paid witnesses to give false evidence. The Court ordered that the Supreme Court judgment be set aside and directed that a new trial be held. Critically however, the Court of Appeal did not challenge the Supreme Court?s decision on the ambit of the publican?s duty.

3 Johns v. Cosgrove, op-cit, at 114 per Derrington J

4 Cosgrove v Johns unreported decision of Supreme Court of Queensland Court of Appeal, No. 453 of 1998, Dejersey CJ McMurdo J and Thomas JA, 5 May 2000 at paragraph 78 per Thomas JA

Accordingly, the principles laid down by Mr Justice Derrington, regarding an alcohol server?s liability for damage suffered inside and outside the premises, as a result of the continued service of alcohol to an intoxicated patron, remain good law in Queensland. The 1997 Cosgrove decision is also ??consistent with the dramatic expansion of alcohol-related liability litigation in North America?.

And just for piece of mind some more reading.

http://www.liquor.qld.gov.au/_Docume...+June+2000.pdf

rangitata · 23rd October 2007, 10:47 PM

Cheers Ekka,

Its good to know that there is common sense in the world.

Mike

23rd October 2007, 06:12 AM	#1 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 6,846	$8 million case for a Sydney council Here we go again. A dude jumps off a cliff into the ocean but it's only 1m deep and is now a paraplegic ... council's fault, they control his brain you know. Council will pay $8m over cliff dive \| Herald Sun Maybe all trees in parks need a sign, do not climb! __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

23rd October 2007, 12:27 PM	#2 (permalink)
Sean Freeman PDF King & Arborist Extrodinaire Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland Posts: 1,643	Re: $8 million case for a Sydney council Sounds a lot like the case where the guy dove into the surf (Bondi I think) and hit a sand bar claimed damages (paraplegic) won but was overturned on appeal (rightly so IMO) expect same will happen here. __________________ Sean Trees are poems that earth writes upon the sky, We fell them down and turn them into paper, That we may record our emptiness. - Kahlil Gibran

23rd October 2007, 01:29 PM	#3 (permalink)
Quintrex Mature tree Join Date: Jun 2007 Location: Sydney Posts: 439	Re: $8 million case for a Sydney council Sean, I think that case was at Manly. Steve

23rd October 2007, 01:37 PM	#4 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 6,846	Re: $8 million case for a Sydney council Rock plunge man denies drinking - Breaking News - National - Breaking News The dude reckons he wasn't drinking but did share a VB after breakfast at 9am. __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

23rd October 2007, 01:53 PM	#5 (permalink)
Sean Freeman PDF King & Arborist Extrodinaire Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland Posts: 1,643	Re: $8 million case for a Sydney council He should loose the case soley on the basis that he has appauling taste in beer......VB No wonder he tried to top himself __________________ Sean Trees are poems that earth writes upon the sky, We fell them down and turn them into paper, That we may record our emptiness. - Kahlil Gibran

23rd October 2007, 01:57 PM	#6 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 6,846	Re: $8 million case for a Sydney council At 9am he could have gone a Boag's atleast! __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

23rd October 2007, 02:04 PM	#7 (permalink)
Sean Freeman PDF King & Arborist Extrodinaire Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland Posts: 1,643	Re: $8 million case for a Sydney council Bit partial to that Wizard Smiths ale at the moment.. (well not at this moment as I'm about to leave for work!!!!) __________________ Sean Trees are poems that earth writes upon the sky, We fell them down and turn them into paper, That we may record our emptiness. - Kahlil Gibran

23rd October 2007, 03:57 PM	#8 (permalink)
mdvaden Over mature heritage tree Join Date: Feb 2007 Location: Oregon Posts: 564	Re: $8 million case for a Sydney council The "agreed" and "if found liable" stand out. I don't think any signs are neccessary at all. Anybody diving should always be responsible to verify depth and submerged obstacles on their own - and often that's not enough to justify a jump or dive. What a fool. __________________ ____________________________________ Grove of Redwood TITANS Oregon BIGOOT trap

23rd October 2007, 08:45 PM	#9 (permalink)
rangitata Semi-mature vigorous tree Join Date: Feb 2007 Location: Brisbane, Queensland Posts: 65	Re: $8 million case for a Sydney council Its a slow process but "survival of fittest" will win in the end. Its amazing how people don't think they are responsible for their own actions. Like the bloke in Brisbane who when blind drunk got hit by a car when crossing the road, sued the pub for serving him beer and the car for being on the road whilst he was. Where is the reverse gear when you need it.

23rd October 2007, 10:47 PM	#11 (permalink)
rangitata Semi-mature vigorous tree Join Date: Feb 2007 Location: Brisbane, Queensland Posts: 65	Re: $8 million case for a Sydney council Cheers Ekka, Its good to know that there is common sense in the world. Mike

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