Swain v Waverley Municipal Council

Negligence – Standard of care – Breach – Swimmer injured by diving into sandbank while swimming between flags – Jury finding of negligence on part of Council – Whether finding reasonably open on evidence.

Appeals – Civil trial by jury – Function of appellate court – Appellate review of jury finding on issue of breach of duty of care.

Words and phrases – "risk", "obvious", "reasonably practicable alternative".