Recent Cases

Tapp v Australian Bushmen’s Campdraft and Rodeo Association Limited [2022] HCA 11 (06 April 2022) (Kiefel CJ, Keane, Gordon, Edelman and Gleeson JJ)


Catchwords:


Tort – Negligence – Breach of duty of care – Causation – Obvious risk of dangerous recreational activity – Where appellant competing in campdraft competition – Where campdrafting a dangerous recreational activity – Where appellant’s horse slipped and fell causing serious injury to appellant – Where four other contestants had falls prior to appellant’s fall – Where experienced contestant warned organisers about condition of arena surface – Where organisers twice refused to stop competition – Whether respondent breached duty of care – Whether breach of duty of care caused appellant’s injuries – Whether harm suffered by appellant result of materialisation of obvious risk of dangerous recreational activity.

Words and phrases – “breach of duty”, “causation”, “dangerous recreational activity”, “liability for harm”, “obvious risk”, “precautions against a risk of harm”, “reasonable person”, “significant risk of physical harm”.