I became a quadriplegic while wakeskating because the boat driver was negligent. Which case won?

The Facts

Inexperienced wakeskater towed by boat on Tweed River

On the 18th of November 2007, a man who intended to go wakeskating met a boat driver at a wharf on the Tweed River, in northern NSW, where a boat was moored.

It was intended that the boat driver would drive the boat, along with an observer, while the man would be towed behind, either on a wakeboard or a wakeskate. (In wakeboarding the rider's feet are attached to the board, whereas in wakeskating they are not.)

The man was initially towed behind the boat on a wakeboard. He got up on the wakeboard several times, falling off twice. The boat was then stopped and the man switched from a wakeboard to a wakeskate. The man had never wakeskated before.