Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd [2019] NSWSC 1506

Supreme Court New South Wales

Medium Neutral Citation: Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd [2019] NSWSC 1506 Hearing dates: 30 April 2018, 1-3 May 2018, 7-8 May 2018, 2 October 2018, 9 October 2018. Date of orders: 04 November 2019 Decision date: 04 November 2019 Jurisdiction: Common Law Before: Lonergan 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 competing in a campdraft competition – where there is dispute about the defendant's Rules required by way of ground preparation – 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 risk of injury was the subject of a risk warning given to the plaintiff by the defendant – effects of ss 5M and 5N of the Civil Liability Act in the context of a signed waiver – volunteers defence under s 60 of the Civil Liability Act

CONTRACT – whether there was a contract between the plaintiff and the defendant – whether statutory guarantees should be imported into the alleged contract – the effect of s 275 of the Australian Consumer Law and s 139A of the Competition and Consumer Act in circumstances where the defendant has established a defence under ss 5L, 5H and 5M of the Civil Liability Act Legislation Cited: Australian Consumer Law, ss 60, 64, 275 Civil Liability Act 2002 (NSW) ss 3C, 5B, 5C, 5D, 5F, 5G, 5H, 5K, 5L, 5M, 5N, 59, 60, 61, 64 Competition and Consumer Act 2010 (Cth), s 139A Cases Cited: Action Paintball Games Pty Ltd (In liquidation) v Barker [2013] NSWCA 128 Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219 Bitupave Ltd t/as Boral Asphalt v Pillinger [2015] NSWCA 298 Byrne v Australian Airlines Limited (1995) 185 CLR 410; [1995] HCA 24 C G Maloney Pty Ltd v Hutton-Potts and anor [2006] NSWCA 136 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 Goode v Angland [2017] NSWCA 311 Great Lakes Shire Council v Dederer & Anor; Roads & Traffic Authority of NSW v Dederer & Anor (2006) Aust Torts Reports 81-860; [2006] NSWCA 101 Jaber v Rockdale City Council [2008] NSWCA 98 Jones v Dunkel (1959) 101 CLR 298 Wyong Shire Council v Vairy; Mulligan v Coffs Harbour City Council (2004) Aust Torts Reports 81-754; [2004] NSWCA 247 Category: Principal judgment 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)