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Community sports organisation defeats claim for negligent preparation of campdraft arena

Thinking| 12 Nov 2019

Community sports organisation defeats claim for negligent preparation of campdraft arena

A not-for-profit community event organiser has managed to escape liability for catastrophic injuries suffered by a campdraft competitor, by relying on the statutory defences available in the Civil Liability Act 2002 (NSW) (CLA).

Jockey relies on statutory defences to defeat claim of negligent riding

Thinking| 24 Oct 2019

Jockey relies on statutory defences to defeat claim of negligent riding

The Court found that the defendant horse jockey was not liable for the plaintiff’s injuries after he fell from his horse, because the risk of injury was a materialisation of an obvious risk in a dangerous recreational activity.

Defendant successfully relies on statutory defences to defeat rider’s claim for fall from ‘spooked’ horse

Thinking| 22 May 2019

Defendant successfully relies on statutory defences to defeat rider’s claim for fall from ‘spooked’ horse

On 28 September 2012, the plaintiff, Kerrie Menz (plaintiff), was riding her horse (‘Sonny’) in a warm-up area of the Wagga Wagga Showground (showground). A group of children nearby made contact with a metal sign on the fence, which caused a loud ...

Nailing duty of care

Thinking| 02 Jul 2018

Nailing duty of care

A 28 year old worker was awarded $1,486,783 for injuries sustained when the defendant’s employee’s handheld nail gun fired a nail that penetrated through a wall into the plaintiff’s head. The plaintiff’s employer was able to seek a ...

The burden of supervision – Supreme Court takes a load off

Thinking| 20 Mar 2018

The burden of supervision – Supreme Court takes a load off

The Supreme Court of New South Wales (NSWSC) has awarded $604,159 in damages to a plaintiff for injuries sustained whilst working as an independent contractor. On 17 September 2007 the plaintiff, an independent contractor, was repairing the fuel tank of a Volvo loader ...