Noel CAMPBELL v Rodney Victor HAY [2013] NSWDC 11

Noel CAMPBELL v Rodney Victor HAY [2013] NSWDC 11

The plaintiff's claim fails because the injury was the result of the materialisation of an obvious risk of a dangerous recreational activity - recreational flight in a light aircraft where engine failure and forced landing was an obvious, albeit low probability, risk within the meaning of s 5L of the Civil Liability...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 February 2013
Procedural Posture
Tort (negligence) Claim for Damages / Principal Judgment at Trial
Outcome
Plaintiff's claim dismissed under s 5L Civil Liability Act 2002 (NSW)
Legal Topics
['obvious Risk' 'dangerous Recreational Activity' 'civil Liability' 'assumption of Risk']
['torts' 'negligence'] ['obvious Risk' 'dangerous Recreational Activity' 'civil Liability' 'assumption of Risk']

Source-derived case record

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Procedural Posture

Tort (negligence) Claim for Damages / Principal Judgment at Trial

Legal Issues

  1. 1 ['Whether the defendant was negligent in the operation and forced landing of a light aircraft in which the plaintiff was a student;' "Whether plaintiff's injury was the materialisation of an obvious risk of a dangerous recreational activity under s 5L Civil Liability Act 2002 (NSW);" "Whether s 5L operates as a bar to the plaintiff's claim for damages;"]

Ratio Decidendi

The plaintiff's claim fails because the injury was the result of the materialisation of an obvious risk of a dangerous recreational activity - recreational flight in a light aircraft where engine failure and forced landing was an obvious, albeit low probability, risk within the meaning of s 5L of the Civil Liability Act 2002 (NSW); thus, s 5L excludes liability in negligence for such harm.

Court Disposition

Plaintiff's claim dismissed under s 5L Civil Liability Act 2002 (NSW)

Orders

  • ["The plaintiff's claim is dismissed." 'Costs are reserved with liberty to apply in the event the parties are unable to agree, to be exercised within 21 days.']