Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited

[2022] HCA 11
Judgment date
Case number
S63/2021
Before
Kiefel CJ, Keane, Gordon, Edelman, Gleeson JJ
Catchwords

Tort – Negligence – Breach of duty of care – Causation – Obvious risk of dangerous recreational activity – Where appellant competing in campdraft competition – Where campdrafting a dangerous recreational activity – Where appellant's horse slipped and fell causing serious injury to appellant – Where four other contestants had falls prior to appellant's fall – Where experienced contestant warned organisers about condition of arena surface – Where organisers twice refused to stop competition – Whether respondent breached duty of care – Whether breach of duty of care caused appellant's injuries – Whether harm suffered by appellant result of materialisation of obvious risk of dangerous recreational activity.
Words and phrases – "breach of duty", "causation", "dangerous recreational activity", "liability for harm", "obvious risk", "precautions against a risk of harm", "reasonable person", "significant risk of physical harm".
Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D, 5F, 5L.
 

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