Injured divers case to be reheard in Australian High Court
Publish date: 08 December 2004
Issue Number: 1234
Diary: Legalbrief Today
Category: General
Two quadriplegics who were denied multimillion-dollar payouts have won the right to argue their case again in the Australian High Court, reports the Sydney Morning Herald.
Ernst Vairy and Garry Mulligan were crippled in diving accidents on the New South Wales coast, but the Court of Appeal ruled the danger was so obvious the local councils were not liable. Vairy was injured when he dived from a rock platform at Soldiers Beach in 1993 and Mulligan\'s accident occurred in shallow water at Coffs Harbour in 1999. Both said the respective councils should have erected signs. The argument in the application for special leave to appeal to the High Court focused on what the law should regard as obvious and whether the Court of Appeal was getting it right. Full report by the Sydney Morning Herald
