Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc & Anor (No.2) [2019] NSWDC 433

Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc & Anor (No.2) [2019] NSWDC 433

The plaintiff failed to prove that the second defendant intended to injure him. Although the tackle was an intentional act and a dangerous throw, s 3B(1)(a) required proof of an actual subjective intention to cause injury; recklessness or negligence was insufficient. The second defendant's intention was to complete the tackle and obtain a tactical advantage, not to cause injury. Because s 3B(1)(a) was not engaged, the Civil Liability Act applied. The plaintiff's claim was pleaded solely as a common law negligence claim rather than a claim governed by Part 1A of the Civil Liability Act, so the claim failed. In case that conclusion was wrong, the Court found that the second defendant owed...

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Civil Tort/negligence Personal Injury Claim Arising From a Rugby League Tackle / Principal Judgment on Separately Determined Liability Issues
Outcome
Verdicts and judgments for the defendants; plaintiff to pay the defendants' costs.
Legal Topics
['s 3 B(1)(a) Civil Liability Act 2002 (nsw)' 'intentional Act With Intent to Cause Injury' 'dangerous Throw or Spear Tackle' 'duty of Care Between Sports Participants' 'breach of Duty' 'causation' 'voluntary Assumption of Risk' 'contributory Negligence' 'consent' 'vicarious Liability']
['torts' 'negligence' 'personal Injury' 'sports Law' 'civil Liability'] ['s 3 B(1)(a) Civil Liability Act 2002 (nsw)' 'intentional Act With Intent to Cause Injury' 'dangerous Throw or Spear Tackle' 'duty of Care Between Sports Participants' 'breach of Duty' 'causation' 'voluntary Assumption of Risk' 'contributory Negligence' 'consent' 'vicarious Liability']

Case Brief

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Procedural Posture

Civil Tort/negligence Personal Injury Claim Arising From a Rugby League Tackle / Principal Judgment on Separately Determined Liability Issues

Legal Issues

  1. 1 ["Whether the second defendant's spear tackle was an intentional act done with intent to cause injury so as to engage s 3B(1)(a) of the Civil Liability Act 2002 (NSW)." 'Whether recklessness is sufficient to satisfy the statutory requirement of intent to cause injury.' 'Whether the second defendant owed and breached a common law duty of care to the plaintiff in executing the tackle.' "Whether the second defendant's conduct caused the plaintiff's injury." 'Whether voluntary assumption of risk, contributory negligence, or consent defeated liability.' 'Whether judgment should also be entered for the first defendant notwithstanding that vicarious liability had been separated from the issues determined.']

Ratio Decidendi

The plaintiff failed to prove that the second defendant intended to injure him. Although the tackle was an intentional act and a dangerous throw, s 3B(1)(a) required proof of an actual subjective intention to cause injury; recklessness or negligence was insufficient. The second defendant's intention was to complete the tackle and obtain a tactical advantage, not to cause injury. Because s 3B(1)(a) was not engaged, the Civil Liability Act applied. The plaintiff's claim was pleaded solely as a common law negligence claim rather than a claim governed by Part 1A of the Civil Liability Act, so the claim failed. In case that conclusion was wrong, the Court found that the second defendant owed...

Court Disposition

Verdicts and judgments for the defendants; plaintiff to pay the defendants' costs.

Orders

  • ['There is to be Verdicts and Judgments for the Defendants.' "The plaintiff is to pay the Defendants' costs." "Liberty to apply on 7 days' notice."]