NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Lynch v Cavallo [2018] NSWDC 301 Hearing dates: 12 October 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the defendant's Notice of Motion filed on 2 August 2018. (2) Order the defendant to pay the plaintiff's costs of the Notice of Motion. Catchwords: TORTS – negligence – plaintiff injured during fall while racing as professional jockey – defendant a jockey in the same race – defendant pleads guilty to charge of breaching Australian Rules of Racing TORTS – negligence – whether proceedings should be dismissed – whether plaintiff has no reasonable cause of action - Rule 13.4 Uniform Civil Procedure Rules 2005 TORTS – negligence – obvious risk – recreational activity – dangerous recreational activity – Civil Liability Act 2002 ss 5F, 5K, 5L Legislation Cited: Civil Liability Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alameddine v Glenworth Valley Horse Riding Pty Limited [2015] NSWCA 219 Goode v Angland [2017] NSWCA 311 Texts Cited: Australian Rule of Racing 137 Category: Procedural and other rulings Parties: Glenn Lynch (plaintiff) Anthony Cavallo (defendant) Representation: Counsel: R Sheldon SC and J Malouf (plaintiff) D Lloyd (defendant)
Solicitors: Stacks Goudkamp (plaintiff) McCabe Curwood (defendant) File Number(s): 2017/248483
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate