Falvo v Australian Oztag Sports Association & Anor [2006] NSWCA 17

Reported Decision : (2006) Aust Torts Reports 81-831

New South Wales Court of Appeal

CITATION: Falvo v Australian Oztag Sports Association & Anor [2006] NSWCA 17

HEARING DATE(S): 13/02/06

JUDGMENT DATE: 2 March 2006

JUDGMENT OF: Ipp JA at 1; Hunt AJA at 49; Adams J at 50

DECISION: Appeal dismissed with costs.

CATCHWORDS: NEGLIGENCE - plaintiff injured playing Oztag on an uneven playing field - liability of Council and Oztag Association - appropriate standard of playing field for amateur sporting games - meaning of "dangerous recreational activity" in s 5K of the Civil Liability Act 2002 (NSW) - determination of whether Oztag is a "dangerous recreational activity" - ss 5K and 5L of the Civil Liability Act 2002 (NSW) - causation. D

LEGISLATION CITED: Civil Liability Act 2002 (NSW), ss 5K, 5L

Bujnowicz v Trustees of the Roman Catholic Church of the Archdiocese of Sydney [2005] NSWCA 457 CASES CITED: Neindorf v Junkovic [2005] HCA 75 Rogers v Whitaker (1992) 175 CLR 479

Thomas Falvo (Appellant) PARTIES: Australian Oztag Sports Association (First Respondent) Warringah Council (Second Respondent)

FILE NUMBER(S): CA 41110/04

S Norton SC/M Fraser (Appellant) COUNSEL: P Dwyer (First Respondent) D J Russell SC/J Sewell (Second Respondent)

Bryden's Law Office (Appellant) SOLICITORS: Gadens Lawyers (First Respondent) Bull Son & Schmidt (Second Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 9190/02

LOWER COURT JUDICIAL OFFICER: Hungerford ADCJ

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41110/04 DC 9190/02