Lynch v Cavallo [2021] NSWSC 704

Supreme Court New South Wales

Medium Neutral Citation: Lynch v Cavallo [2021] NSWSC 704 Hearing dates: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to s 76(3) of the Civil Procedure Act 2005 (NSW), approve the settlement of the proceedings on the basis of the orders in (2) and (3) below. (2) Judgment for the defendant. (3) Make no order as to costs with the intention that each party is to bear his own costs. Catchwords: NEGLIGENCE — Application for settlement approval — Plaintiff claimed damages against defendant — Injuries sustained by the plaintiff when he fell from a racehorse — Whether settlement would be in the plaintiff's interests turns on the existence of reasonable prospects of success of the plaintiff's action — Injuries caused by the materialisation of an obvious risk of a dangerous recreational activity — The defendant would not be found liable — Settlement approved and judgment for the defendant ordered Legislation Cited: Civil Liability Act 2002 (NSW), ss 5K, 5L Civil Procedure Act 2005 (NSW), s 76(3) Cases Cited: Singh v Lynch (2020) 103 NSWLR 568; [2020] NSWCA 152 Singh v Lynch [2021] HCATrans 12 Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd [2020] NSWCA 263 Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd [2021] HCATrans 74 Texts Cited: Australian Rules of Racing Category: Principal judgment Parties: Glenn Lynch bht Amanda Mullins (Plaintiff) Anthony Cavallo (Defendant) Representation: Counsel: J Malouf (Plaintiff) P Miller (Defendant)