Menz v Wagga Wagga Show Society Inc (No 3) [2019] NSWSC 541

Supreme Court New South Wales

Medium Neutral Citation: Menz v Wagga Wagga Show Society Inc (No 3) [2019] NSWSC 541 Hearing dates: 24, 25, 26 and 27 September 2018 Date of orders: 20 May 2019 Decision date: 20 May 2019 Jurisdiction: Common Law Before: Bellew J Decision: 1. Verdict and judgment for the defendant. 2. The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: TORTS – Negligence – Where plaintiff was "warming up" riding a horse at an agricultural show prior to competing in an event – Where children were playing nearby – Where noise created by children caused a horse nearby to be startled – Where plaintiff's horse fell to the ground causing the plaintiff serious injury – Whether the defendant breached any duty of care owed to the plaintiff – Whether the plaintiff's injuries were due to the materialisation of an obvious risk of a dangerous recreational activity – Whether the plaintiff's injuries were the result of the materialisation of an obvious risk – Whether the plaintiff's injuries were the materialisation of an inherent risk – Whether the risk of injury was the subject of a risk warning given to the plaintiff by the defendant Legislation Cited: Civil Liability Act 2002 (NSW) Competition and Consumer Act 2010 (Cth) Cases Cited: Action Paintball Games Pty Limited (In Liquidation) v Barker [2013] NSWCA 128 Avopiling v Bosevski [2018] NSWCA 14 Bitupave Limited t/as Boral Asphalt v Pillinger [2015] NSWCA 298; (2015) 72 MVR 460 Fallas v Mourlas (2006) 65 NSWLR 418; [2006] NSWCA 32 Falvo v Australian Oztag Sports Association [2006] NSWCA 17 Goode v Angland [2016] NSWSC 1014 Jaber v Rockdale City Council [2008] NSWCA 98 Menz v Wagga Wagga Show Society Inc (No.1) [2018] NSWSC 1446 Ohlstein and ors v E and T Lloyd t/as Otford Farm Trail Rides [2006] NSWCA 226 Sharp v Parramatta City Council [2015] NSWCA 260; (2015) 209 LGERA 220 Streller v Albury City Council [2013] NSWCA 348 Category: Principal judgment Parties: Kerrie Anne Menz – Plaintiff Wagga Wagga Show Society Inc – Defendant Representation: Counsel: M Cranitch SC, M Inglis & R Wathukarage – Plaintiff J Sexton SC & D Kelly – Defendant