NSW: Bondi swimmer loses multi-million dollar payout
SYDNEY, April 3 AAP - A 28-year-old man who became a quadriplegic after striking asandbar while swimming at Bondi Beach today lost his multi-million dollar compensationpayout.
Guy Edward Swain, who hit his head while swimming between surf life saving flags atthe eastern Sydney beach, was awarded $3.75 million last year from Waverley Council.
The council appealed the payment and that appeal was today upheld in the NSW SupremeCourt of Appeal.
Mr Swain will also have to foot the bill for all costs associated with the trial, withthe exception of the appeal hearing launched by the council.
The three-member panel was split on the judgment with Chief Justice Jim Spiegelmanfinding Mr Swain should retain the payment.
However, the views of Justices Kenneth Handley and David Ipp handed the council a victoryin the appeal.
"In our opinion there was no evidence that could sustain a finding of negligence onthe part of the council in the placement of the flags," they wrote in their judgment.
Speaking outside court, Mr Swain's lawyer Hugh Macken said attention would now turnto whether there were grounds for a special leave application in the High Court.
Mr Macken said the loss of compensation would make life much harder for his client.
"The level of compensation would have certainly made it easy for him to maintain somelevel of independence and dignity," Mr Macken told reporters.
AAP swe/hn/ge/de
KEYWORD: SWAIN
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