WebFeb 6, 2024 · This Court of Appeal decision has effectively expanded the scope of the ‘obvious risk’ defence for dangerous recreational activities’³ to encompass professional, and not merely amateur, sports. The impact of the Court’s interpretation of this CLA provision extends beyond the horseracing industry, to professional sports clubs, amateur ... WebFeatured Tools and Resources. ODSAP Spotlight on Sports-Related Activities PPTX 48Mb. Hoops Health. Recreational Vehicles. Ski & Snowboard Safety. Check3GPS Website. …
Two courts jump in to consider obvious risk - Carter Newell
WebThe State successfully raised a defence to the claim under the 'dangerous recreational activity' provisions in Section 5L of the Civil Liability Act 2002. In its decision the NSW Supreme Court confirmed that an objective test must consider both the nature of the harm suffered, and the likelihood (or obviousness) of the risk occurring, to ... WebAug 11, 2024 · Singh bhnf Ambu Kanwar v Lynch [2024] NSWCA 152 The New South Wales Court of Appeal has once against considered the “dangerous recreational activity” defence, confirming its application to professional sporting activities, as well as recreational ones. This decision will have significant implications for insurers insuring … how far do you have to park from hydrant
Professional sports and the dangerous recreational activities defence ...
WebAlthough Adamson J found against the plaintiff for his claim in negligence, her Honour considered that if the State was negligent, any liability would also be wholly defeated by the dangerous recreational activity defence under s 5L of the CLA finding that ‘the taking of illicit substances of unknown source, purity and composition is a ... WebCourts in New South Wales have been typically willing to accept a defence of dangerous recreational activity under s 5L of the CLA when it relates to horse-riding. However, Tapp demonstrates that a defendant cannot expect that the court will solely look at inherent risks. It has also been common practice within New South Wales for the courts to ... WebApr 8, 2024 · History of the defence. In 2024 and 2024 the NSW Court of Appeal was called on to consider the application of the dangerous recreational activity defence a number … hierarchy in police department