Cook v Riding for the Disabled Association (NSW) & Anor [2024] NSWSC 1332

Supreme Court New South Wales

Medium Neutral Citation: Cook v Riding for the Disabled Association (NSW) & Anor [2024] NSWSC 1332 Hearing dates: 9 September 2024 Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Common Law Before: Fagan J Decision: (1) Verdict and judgment for the plaintiff against the first defendant, damages to be assessed. (2) Verdict and judgment for the second defendant on the plaintiff's claim. (3) The cross claims of the first and second defendants are dismissed. (4) The first defendant is to pay the plaintiff's costs of the proceedings to date so far as those costs concern litigation of the first defendant's liability in negligence. (5) The plaintiff is to pay the second defendant's costs of the proceedings, including the second defendant's costs of the cross-claims. (6) List the proceedings before the Registrar at 9:30 am on 1 November 2024 for directions with respect to further conduct of the proceedings against the first defendant. Catchwords: TORTS – negligence – personal injury – determination of liability – where severely disabled plaintiff fell during recreational horse riding activity – where plaintiff's low intellectual function, distractibility, impulsivity and physical disabilities increased the likelihood of falling and suffering serious harm – social utility of riding activity to plaintiff – whether failure to provide side walkers in close proximity was a breach of duty TORTS – negligence – duty of care – whether school had non-delegable duty of care during riding activity –riding activity found to be independent of school – school-pupil relationship was not operative during the plaintiff's fall Legislation Cited: Civil Liability Act 2002 (NSW) Cases Cited: Commonwealth v Introvigne [1982] HCA 40; (1982) 150 CLR 258 Kondis v State Transport Authority (1984) 154 CLR 672; [1984] HCA 61 Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 Synergy Scaffolding Services Pty Ltd v Alelaimat [2023] NSWCA 213 Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd [2020] NSWCA 263 Wilson v Nilepac Pty Ltd t/as Vision Personal Training (Crows Nest) [2011] NSWCA 63 Category: Principal judgment Parties: Breanne Cook by her tutor Kristy Stewart (Plaintiff) Riding for the Disabled Association (NSW) (First Defendant) State of New South Wales (Department of Education) (Second Defendant) Representation: Counsel: J Morris SC with WS Reynolds and LM Sewell (Plaintiff) J Sexton SC with B Dziubinski (First Defendant) L Gyles SC with M Best (Second Defendant)