Mr Bennett, a professional triathlete, was injured at Manly Beach on 8 October 2000 when he body surfed a wave to shore and tragically hit his head on a stormwater pipe which extended from the shore into the sea.
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The two appeals were heard together by the High Court. Both cases involved plaintiffs who had suffered catastrophic injuries as a consequence of diving into shallow water. Briefly, the facts in each case are as follows:-
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