Motorcycling Events Group Australia Pty Ltd v Kelly [2013] NSWCA 361

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Motorcycling Events Group Australia Pty Ltd v Kelly [2013] NSWCA 361 Hearing dates: 17 July 2013 Decision date: 29 October 2013 Before: Basten JA at [1]; Meagher JA at [35]; Gleeson JA at [47] Decision: (1) Appeal dismissed. (2) Appellant to pay the respondent's costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TRADE AND COMMERCE - Trade Practices Act 1974 (Cth) and related legislation - contract for services - services to be rendered with due care and skill - recreational activity - risk warning given - whether s 74(2A) of the Trade Practices Act picked up and applied s 5M of the Civil Liability Act 2002

FEDERAL JURISDICTION - federal jurisdiction exercised by State Courts - matter arising under a law of the parliament - s 80 Judiciary Act 1903 (Cth) - whether s 74(2A) of the Trade Practices Act 1974 (Cth) picked up and applied s 5B of the Civil Liability Act 2002 - whether s 5B of the Civil Liability Act not inconsistent with s 74(1) of the Trade Practices Act TRADE AND COMMERCE - Trade Practices Act 1974 (Cth) and related legislation - exclusion clauses - recreational services - whether the exclusion clauses are rendered void by s 68B of the Trade Practices Act