A Deputy State Coroner has decided against referring a fatal boating accident on Lake Macquarie to the Director of Public Prosecutions.
Courtney Simon from Toronto would be turning 16 tomorrow.
It is a milestone she had hoped to mark by attending her Year 10 formal.
But her life was cut short at 14, after a tinny she, her boyfriend and a friend were in capsized in horrendous weather in June last year.
An inquest heard her boyfriend had drunk beer, was unlicensed and driving an unregistered vessel.
In handing down his findings today, Deputy State coroner Mark Buscombe said the boyfriend's parents knew about the beer and licensing and registration issues, yet still allowed the trio to take the fateful voyage.
Outside court Courtney Simon's mother, Cathy Simon, had this to say.
"If I was put in that situation there's no way those kids would have been driven to the lake, so yes, the parents did need to take some responsibility, but you know it's not going to bring Courtney back in the end," she said.
Magistrate Buscombe said it was a tragedy that should never have happened.
But he declined referring the matter to the Director of Public Prosecutions, saying there was not enough evidence to support a charge of manslaughter by criminal negligence.
In court Ms Simon told her daughter's boyfriend, "I hope you rot".
Outside court she said her daughter would never have died if he did not encourage her to try and swim to shore.
"A lot of anger's inside me that hasn't come up," she said.
"I've tried to be strong and I just don't want my daughter to be portrayed as a stupid teenager that went out on the lake that day.
"She followed her heart because of the love for her boyfriend and it's a pity her boyfriend didn't love her to save her, and tell her to stay with the boat."
In honour of her daughter Ms Simon has started a campaign to encourage people to wear life jackets on the water.
© ABC 2012
17:01 EST Sydney's offshore Sea Surface Temperatures (SST's) have remained above 21 degrees for the last four days.