Tag: dangerous recreational activity
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Obvious risk: framing the relevant risk
Cox v Mid-Coast Council [2021] NSWCA 190 It was not appropriate specificallyto identify the Ferris wheel in the characterisation of the risk of harm: at [1] (Meagher JA); [41]-[42] (Payne JA); [85] (Emmett AJA). Although the risk of harm must be identified with sufficient specificity to capture the harm which resulted from its materialisation on the facts of…
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Horses, consumer law, dangerous recreational activities
Menz v Wagga Wagga Show Society Inc [2020] NSWCA 65 Leeming JA: The claim under the Australian Consumer Law At [94]-[104], the primary judge rejected the allegations for contravention of s 60 of the Australian Consumer Law, which provides that: “If a person supplies, in trade or commerce, services to a consumer, there is a…
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"Dangerous recreational activity" is not confined to non-professional sports
The appellant was a professional jockey who suffered serious injuries when his horse fell in a race at Queanbeyan Racecourse. The respondent, also a professional jockey, was riding in the same race. The appellant claimed that his injuries, loss and damage were caused by the respondent’s negligence or breach of duty by riding in such…
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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 were liable to her in tort for their negligence in conducting the…
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Horse racing: dangerous recreational activity….for the jockey?
Goode v Angland [2016] NSWSC 1014 TORT – negligence – personal injury – jockey injured in fall from horse during country race meeting – whether defendant negligently caused or permitted his horse to take plaintiff’s running – whether plaintiff’s horse advanced into a position of danger – Civil Liability Act 2002 s 5K – dangerous…