McDermott v Woods [2015] NSWDC 27

District Court New South Wales

Medium Neutral Citation: McDermott v Woods [2015] NSWDC 27 Hearing dates: 13 – 17 October 2014 and 21 – 23 October 2014 Decision date: 13 February 2015 Jurisdiction: Civil Before: Bozic SC DCJ Decision: 1. Judgment for the plaintiff in the sum of $334,734. 2. The defendant is to pay the plaintiff's costs. 3. The exhibits are to be returned. 4. The parties have leave to apply within 7 days if either party wishes to seek a different costs order. Catchwords: NEGLIGENCE – plaintiff injured during horse-riding lesson – whether instructor knew of horse's sensitivity to tight equipment around nose and mouth – whether instructor tightened bridle during lesson – whether accident due to rider error – nature of risk – whether risk foreseeable.

NEGLIGENCE – defences – nature of risk – whether risk inherent risk or obvious risk – volenti non fit injuria – whether plaintiff fully appreciated and voluntarily accepted risk – contributory negligence – whether plaintiff's negligence contributed to occurrence or the nature or the extent of the injury.

DAMAGES – non-economic loss – future economic loss – past and future domestic assistance Legislation Cited: Civil Liability Act 2002 (NSW) ss 5B, 5C, 5D, 5F, 5G, 5H, 5I, 5R, 13 and 15 Cases Cited: Carey v Lake Macquarie City Council [2007] NSWCA 4 Davis v Swift [2014) NSWCA 458 CG Maloney Pty Ltd v Hutton Potts [2006] NSWCA 136 Kallouf v Middis [2008] NSWCA 61 Nemeth v Westfield Shopping Centre Co Management Pty Ltd [2013] NSWCA 298 Watson v Meyer [2013] NSWCA 243 Category: Principal judgment Parties: Elizabeth Pearl McDermott (plaintiff) Milea Woods (defendant) Representation: Counsel: H Marshall SC/M Gilbert (plaintiff) S Glascott (defendant)