MACARTHUR DISTRICTS MOTOR CYCLE SPORTSMEN INC & ORS v. ARDIZZONE [2004] NSWCA 145

Reported Decision : (2004) Aust Torts Reports 81-744

New South Wales Court of Appeal

CITATION : MACARTHUR DISTRICTS MOTOR CYCLE SPORTSMEN INC & ORS v. ARDIZZONE [2004] NSWCA 145 HEARING DATE(S) : 30/04/2004 JUDGMENT DATE : 20 May 2004

JUDGMENT OF : Hodgson JA at 1; Bryson JA at 18; Stein AJA at 61; DECISION : Appeal dismissed with costs.

CATCHWORDS : NEGLIGENCE - standard of care - participants in game - inherent danger - respondent (plaintiff) boy aged 12 y.o. took part in motor cross (motorcycle) race organised by appellants (defendants) sporting associations - respondent fell off at jump, lay winded on track and was struck and injured by following rider - Trial Judge found breach of duty of care which required stationing sufficient marshalls in positions to intervene and signal with yellow flag to other riders - sport inherently dangerous - consideration of standard of care (Shirt Calculus) and significance of respondent's knowledge of risk from absence of marshalls and of warning from his father - decisions of Trial Judge on standard of care, breach and causation upheld. - DAMAGES - future economic loss - consideration (by Hodgson JA) of operation of s.13 of Civil Liability Act. - LAW REFORM - further economic loss - Hodgson JA expressed view that s.13 required Parliamentary reconsideration. (D) LEGISLATION CITED : Civil Liability Act 2002 Rootes v. Shelton (1967) 116 CLR 383 Woods v. Multi-Sport Holdings Pty Ltd (2002) 208 CLR 460. CASES CITED : Wyong Shire Council v. Shirt (1980) 146 CLR 40 Agar v Hyde (2000) 201 CLR 552 Jones v. Dunkel (1959) 101 CLR 298 Macarthur Districts Motor Cycle Sportsmen Inc. - First Appellant Motorcycle Sports NSW Incorporated (Previously known as) Motorcycling Australia (NSW) Incorporated and Motorcycling New South Wales Incorported - Second Appellant PARTIES : Motorcycling Australia Limited - Third Appellant Daniel Ardizzone - Respondent