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Case S63/2021

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Tapp v. Australian Bushmen's Campdraft & Rodeo Association Limited

Case No.

S63/2021

Case Information

Lower Court Judgment

23/10/2020 Supreme Court of New South Wales (Court of Appeal) (Basten, Payne and McCallum JJA)

[2020] NSWCA 263

Catchwords

Torts – Negligence – Breach of duty – Obvious risk – Where applicant injured in competition conducted by respondent when horse she was riding slipped and fell – Where applicant contended cause of fall was deterioration in ground surface and respondent negligent in failing to plough ground at site of event, failing to stop competition, or failing to warn competitors when ground became unsafe – Where prior to applicant’s participation, there had already been 7 falls – Where trial judge held no breach of duty of care established – Where majority of Court of Appeal held applicant failed to establish cause of fall was ground surface deterioration and therefore failed to establish respondent breached duty – Where majority of Court of Appeal held even if breach established, s 5L of Civil Liability Act 2002 (NSW) applied to exclude respondent’s liability as injury suffered was manifestation of “obvious risk” – Whether Court of Appeal’s approach to evidence of ground surface deterioration did not afford applicant rehearing – Proper approach to identification of “obvious risk”.