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There’s ‘no such thing as a bomb proof horse’

Thinking| 24 Apr 2020

There’s ‘no such thing as a bomb proof horse’

In Menz v Wagga Wagga Show Society Inc, the NSW Court of Appeal has unanimously dismissed an appeal from a decision of the Supreme Court of New South Wales, which rejected a claim for negligence and breach of the Australian ...

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 ...

Health and Community Law Alert – Issue 2

Thinking| 27 Mar 2019

Health and Community Law Alert – Issue 2

Welcome to the March 2019 edition of the Hall & Wilcox Health and Community Law Alert.