Singh v Lynch [2019] NSWSC 1403

Singh v Lynch [2019] NSWSC 1403

The risk that materialised was an obvious risk of a dangerous recreational activity—specifically the risk of a jockey's mount falling and causing harm in the course of a horse race—so the defendant is not liable for negligence pursuant to s 5L of the Civil Liability Act 2002 (NSW). Even if the risk were more narrowly defined as careless riding by another jockey, this also constitutes an obvious risk inherent in horse racing. No common law breach of duty is established, factoring the intensity and rapid decision-making inherent in the sport.

Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Tort Negligence Personal Injury / Principal Judgment
Outcome
Judgment for the defendant.
Legal Topics
['negligence' 'duty of Care' 'obvious Risk' 'dangerous Recreational Activity' 'horse Racing' 'breach of Duty' 'civil Liability Act 2002 (nsw)']
['torts' 'personal Injury' 'sports Law'] ['negligence' 'duty of Care' 'obvious Risk' 'dangerous Recreational Activity' 'horse Racing' 'breach of Duty' 'civil Liability Act 2002 (nsw)']

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Procedural Posture

Tort Negligence Personal Injury / Principal Judgment

Legal Issues

  1. 1 ['Whether a duty of care was owed by the defendant jockey to the plaintiff' 'Whether a duty of care was breached in the context of competitive horse racing' 'Whether the harm resulted from an obvious risk under s 5F and s 5L of the Civil Liability Act 2002 (NSW)' 'Whether horse racing is a dangerous recreational activity within the Act']

Ratio Decidendi

The risk that materialised was an obvious risk of a dangerous recreational activity—specifically the risk of a jockey's mount falling and causing harm in the course of a horse race—so the defendant is not liable for negligence pursuant to s 5L of the Civil Liability Act 2002 (NSW). Even if the risk were more narrowly defined as careless riding by another jockey, this also constitutes an obvious risk inherent in horse racing. No common law breach of duty is established, factoring the intensity and rapid decision-making inherent in the sport.

Court Disposition

Judgment for the defendant.

Orders

  • ['Judgment for the defendant.']