Malo v South Sydney District Junior Rugby Football League Ltd & Anor [2006] NSWSC 1133

New South Wales Supreme Court

CITATION : Malo v South Sydney District Junior Rugby Football League Ltd & Anor [2006] NSWSC 1133

HEARING DATE(S) : 19 October 2006

JUDGMENT DATE : 30 October 2006

JUDGMENT OF : Simpson J

DECISION : (i) pursuant to UCPR 29.2(6) the time for filing a notice of motion seeking an order that the proceedings be tried by jury is extended, so as to expire on 19 October 2006; (ii) subject to the plaintiff complying with the requirements of subs85(2)(a) of the Supreme Court Act 1970, the proceedings are to be tried by a jury.

CATCHWORDS : personal injury claim - amateur rugby league football match - negligence alleged against administrators of rugby league competition - denial of negligence - defence of volenti non fit injuria - contributory negligence - application for claim to be determined by a jury - quantum of damages agreed - liability contested - causation in issue - claim against first defendant to be determined on common law principles - claim against fourth defendant subject to provisions of Civil Liability Act 2002 - whether interests of justice require trial by jury - construction of section - factors warranting trial by jury - application of general community contemporary values - whether determination involves moral, ethical and general social values - whether questions ought to be resolved by jury employing common sense and values of average jury person - whether administrators ought to be held liable for injury resulting from management decisions - standard of care of administrators - whether public confidence in verdict a relevant consideration - whether enhancement of settlement prospects a relevant consideration - jury trial ordered

Civil Liability Act 2002 s5F LEGISLATION CITED : Supreme Court Act 1970 s85(1), s85(2) Uniform Civil Procedure Rules 2005 r29.2