Green v Country Rugby Football League of NSW Inc [2008] NSWSC 26

New South Wales Supreme Court

CITATION : Green v Country Rugby Football League of NSW Inc [2008] NSWSC 26 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 05/11/07-09/11/07, 13/11/07-16/11/07, 26/11/07-27/11/07

JUDGMENT DATE : 31 January 2008

JURISDICTION : Common Law

JUDGMENT OF : Walmsley AJ

DECISION : Verdict and judgment for Defendant. Plaintiff to pay Defendant's costs.

CATCHWORDS : TORTS - negligence - Sport - rugby league - scrum collapse - catastrophic injury - where plaintiff sixteen years old - where plaintiff playing hooker - where plaintiff playing in unrestricted age competition - where plaintiff younger, smaller and lighter than opposing front row players - where plaintiff had long, thin neck - where plaintiff's physical characteristics made him more susceptible to scrum injury - where plaintiff suffered tetraplegia upon scrum collapse - liability of Country Rugby League - where Country Rugby League administered sport in relevant part of New South Wales - whether Country Rugby League should have required medical examinations prior to registering players - whether Country Rugby League failed adequately to warn players of risk of injury - whether Country Ruby League failed adequately to disseminate information to participants about the risk of injury to players with certain characteristics who play in certain positions - whether Country Rugby League liable for failure to disseminate information to participants about neck-strengthening exercises - whether Country Rugby League ought to have prevented players of certain physiques from playing in certain positions - where evidence that de-powering scrums significantly reduces risk of scrum injury - whether Country Rugby League liable for failure to de-power contested scrums earlier - whether Country Rugby League ought to have instructed referees to de-power scrums - whether Country Rugby League owed plaintiff a non-delegable duty of care - whether Country Rugby League ought to have changed rules of rugby league - where plaintiff's coach unaccredited - whether Country Rugby League ought to have allowed team to participate only if coach accredited - AGENCY - Imputed knowledge - whether Country Rugby League could acquire knowledge of a player's bodily characteristics by reason of the coach's knowledge - WARNINGS - Whether Country Rugby League had a common law duty to warn player or his parents of risk of spinal injury in rugby league games