Georges River Council, represented by Mills Oakley, successfully defended proceedings commenced in the District Court of NSW by the plaintiff, Hope Amal Mersal, in a personal injury claim arising out of a school touch football match held at Peakhurst Park, Peakhurst.
Judgment was delivered on 13 August 2021 by District Court Judge Coleman SC and can be accessed here.
Facts and matters in issue
The plaintiff was a student of MLC School Burwood. On the morning of Saturday, 29 October 2016, she attended the Park to play for MLC in an inter-school touch football competition.
The plaintiff alleged, during the course of a touch football match, she was running and attempted to sidestep a player when her foot got stuck in what she said was a pothole or depression in the playing surface. The plaintiff ruptured her anterior cruciate ligament, which later required surgical repair.
The park was maintained by the council. The inter‑school touch football competition was organised and run by the Association of Heads of Independent Girls Schools in New South Wales (AHIGS) through its sports arm, the Independent Girls School Sports Association (IGSSA).
The plaintiff commenced proceedings against council and MLC claiming damages as a result of their alleged negligence in failing to take reasonable precautions to avoid the risk of injury posed by the alleged hole or depression. MLC issued cross-claims for contribution and indemnity against the council and AHIGS.
Before any real consideration...
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