Dangerous recreational activity – inherent risk

Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219   On 21 May 2011 the appellant was injured while riding a quad bike at the respondents’ recreational facility at Glenworth Valley in New South Wales. The appellant claimed that the respondents...

Contributory negligence under the CLA

Accordingly, the existence and extent of a claimant’s contributory negligence is to be assessed by reference to the risk of harm which is the subject of his or her claim for damages, and the precautions that a reasonable person in the claimant’s position would have...

Dangerous Recreational Activity

Campbell v Hay [2014] NSWCA 129 Read more 116 Consideration was given to the meaning of “significant risk of physical harm” in Falvo v Australian Oztag Sports Association [2006] NSWCA 17 and Fallas, from which a number of propositions can be drawn. The...

Duty of development consent authority

Bankstown City Council v Zraika; Roads and Maritime Services v Zraika [2016] NSWCA 51   LOCAL GOVERNMENT – development consent – function of determining applications for development consent – whether local council as planning authority owed duty of care – nature...