Frisbo Holdings v Austin: Failed Recovery Proceeding

Frisbo Holdings v Austin Australia [2010] NSWSC155

The Supreme Court of NSW has held that the defendant to a personal injury claim relating to a poolside accident which settled for $1.5 million could not recover any compensation from the designer and builder.

Background

Patrick Ryan was 16 years old in January 1997 when he was injured whilst visiting a hotel in Bankstown, New South Wales as a softball player with Queensland Softball. Ryan and the other players were using the spa and pool at the hotel. The cause of his injury was not clear. It happened after he exited the spa. He was found unconscious in the pool. He was rendered tetraplegic.

A claim was made against the owners of the hotel and Queensland Softball, alleging Ryan slipped when exiting the spa.