Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd [2018] NSWSC 616

Supreme Court New South Wales

Medium Neutral Citation: Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd [2018] NSWSC 616 Hearing dates: 1 May 2018 Date of orders: 01 May 2018 Decision date: 08 May 2018 Jurisdiction: Common Law Before: Lonergan J Decision: Question allowed Catchwords: EVIDENCE – whether question in cross examination within the ambit of pleadings – where specific terms of announcement not pleaded – where specific terms of announcement not objected to in other statements Category: Procedural and other rulings Parties: Emily Jade Rose Tapp (Plaintiff) Australian Bushmen's Campdraft & Rodeo Association Ltd (Defendant) Representation: Counsel: A Bartley SC/K Oldfield/J Hillier (Plaintiff) G Watson SC/D Lloyd (Defendant)

Solicitors: Commins Hendricks Solicitors (Plaintiff) RGSLAW (Defendant) File Number(s): 2012/241041

Judgment 1. An issue arose in day 2 of this trial concerning objection taken to a question asked of the Plaintiff in cross-examination. I allowed the question to be asked and answered and these are the reasons for that decision. 2. Some background regarding the issues is required. The Plaintiff suffered a fall from her horse while participating in a campdrafting competition at Ellerston in New South Wales on 8 January 2011. She was 19 years old at the time. Issues had arisen during the day and in particular, in the hour or so leading up to her participation in that particular part of the competition that the campdraft arena was not in a safe state for the competition to continue. 3. It is the Plaintiff's case that the organisers ignored the state of the ground and requests made by another experienced senior campdraft competitor to cease the competition. Instead, the organisers permitted the competition to continue and because of the state of the ground, she fell from her horse and suffered a catastrophic spinal injury. She is now a T11 paraplegic. 4. A Statement of Claim commencing proceedings was filed on 2 August 2012. The Statement of Claim (amended in 2018) pleads a case in negligence as well as in breach of contract. 5. Paragraphs 13 and 14 of the initiating Statement of Claim pleaded: 13 Some time during the afternoon of 8 January 2011 the Defendant was asked to stop the competition because the ground was unsafe. 14 The Defendant did not stop the competition. 1. In reply, the Defence filed on 10 June 2014 pleaded the following in response to paragraphs 13 and 14: 13. The Defendant does not admit paragraph 13. 14. In answer to paragraph 14, the Defendant: (a) admits that it did not stop the competition before the Plaintiff's accident on 8 January 2011; (b) says that an announcement was made before the Plaintiff competed to the effect that if riders wished to not participate in the event, they could do so and would be refunded their entry fee; (c) says that after that announcement was made the Plaintiff competed in the event; and (d) otherwise does not admit the paragraph. 1. In March 2018, an Amended Statement of Claim was filed that pleaded a number of additional matters including: 55. Following the bad fall of draw number 98 the Defendant was again asked to stop the competition because the ground was unsafe ("the second request to stop the competition"). 1. In its Defence to the Amended Statement of Claim, the Defendant pleaded the following: 55. In answer to paragraph 55, the Defendant: (a) admits that John Stanton approached Darren Shorten on a second occasion and said that he thought he should do something about the event because the ground in his opinion was unsafe; (b) says that Darren Shorten and another Committee member who had volunteered his time to conduct the event, Jack Callinan, instructed Jack Gallagher to temporarily suspend the competition; (c) says that Darren Shorten, Jack Callinan, Allan Young and another Committee member, who had volunteered his time to conduct the event, Wayne Smith inspected the arena and discussed whether the event should continue; (d) says that they agreed that the event should continue after an announcement was made that any rider who wished to withdraw could do so and would get their money back; (e) says that an announcement was made in those terms and that the Plaintiff heard and considered that announcement; (f) otherwise, does not admit the paragraph. 1. In February 2014, I am informed that the Defendant, pursuant to orders for discovery, provided to the Plaintiff's legal representatives an Incident Report dated 12 January 2011 headed "Ellerston District Sports Club – Incident Report". Amongst other things, that report states: … • Around 6.45pm on 8th January, the Open campdraft was in progress. The ground had begun to deteriorate due to moisture from rainfall earlier in the week and the onset afternoon air. There had been 7 falls over the course of the day. • Darren Shorten Hunter Zone Director and Allan Young MRC Chairman discussed the condition of the ground. • The event was stopped. Jack Gallagher Judge, Darren Shorten and Jack Callinan President EDSC consulted on the condition of the ground • It was announced that the decision was made to continue but competitors were offered the choice to ride under the current conditions or scratch their nominations for a full entry fee refund. … 1. Evidentiary statements to be relied upon by the Defendant were served in or by January 2017. Three persons' statements referred relevantly to the announcement made over the loudspeaker prior to the Plaintiff commencing her ride.