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)
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”.
Documents
16/04/2021 Hearing (SLA, Canberra)
29/04/2021 Notice of appeal
04/06/2021 Written submissions (Appellant)
04/06/2021 Chronology (Appellant)
02/07/2021 Written submissions (Respondent)
19/07/2021 Reply
10/11/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
10/11/2021 Outline of oral argument (Appellant)
10/11/2021 Outline of oral argument (Respondent)
06/04/2022 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Director of Public Prosecutions Reference No 1 of 2019
Date: 14 May 2021
Transcript: Hearing
AV time: 2h 43m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: WorkPac Pty Ltd v Rossato & Ors
Date: 13 May 2021
Transcript: Hearing
AV time: 4h 10m
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Access to the audio-visual recordings of the Court is subject to the following conditions:
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(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: WorkPac Pty Ltd v Rossato & Ors
Date: 12 May 2021
Transcript: Hearing
AV time: 4h 34m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Chetcuti v Commonwealth of Australia
Date: 11 May 2021
Transcript: Hearing
AV time: 4h 22m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.