MACARTHUR DISTRICTS MOTOR CYCLE SPORTSMEN INC & ORS v. ARDIZZONE [2004] NSWCA 145

MACARTHUR DISTRICTS MOTOR CYCLE SPORTSMEN INC & ORS v. ARDIZZONE [2004] NSWCA 145

The appellants owed child participants a duty to take reasonable care in organising the race, including by providing adequate marshals positioned to observe jumps and warn following riders. Given the foreseeable risk that a child rider might fall and be struck, the ordinary practice and purpose of marshals, and the limited ability of a 12-year-old to assess the risk, the failure to station an adequate marshal near the relevant jump was a breach of duty. The evidence supported a finding of a significant interval between the respondent's fall and the collision, so it was probable that a properly positioned marshal using a yellow flag would have prevented the collision. The trial judge's...

Jurisdiction
Australia
Judgment Date
20 May 2004
Procedural Posture
Negligence Claim for Personal Injuries Arising From a Motor Cross Race / Appeal From District Court Judgment Awarding Damages
Outcome
Appeal dismissed with costs.
Legal Topics
['standard of Care in Inherently Dangerous Sport' 'duty of Care Owed by Sporting Event Organisers' 'breach by Insufficient Marshals' 'causation' 'future Economic Loss' 'civil Liability Act 2002 S 13' 'non Economic Loss']
['torts' 'negligence' 'damages'] ['standard of Care in Inherently Dangerous Sport' 'duty of Care Owed by Sporting Event Organisers' 'breach by Insufficient Marshals' 'causation' 'future Economic Loss' 'civil Liability Act 2002 S 13' 'non Economic Loss']

Case Brief

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Procedural Posture

Negligence Claim for Personal Injuries Arising From a Motor Cross Race / Appeal From District Court Judgment Awarding Damages

Legal Issues

  1. 1 ['Whether the trial judge applied the correct standard of care and correctly found breach of duty by failing to station sufficient marshals at curves and jumps.' "Whether the absence of a marshal caused the respondent's injury, including whether there was a significant interval allowing a marshal to warn following riders." 'Whether the trial judge complied with s 13 of the Civil Liability Act 2002 in assessing damages for future economic loss.' 'Whether the trial judge erred in assessing non-economic loss, out of pocket expenses, or future medical treatment.']

Ratio Decidendi

The appellants owed child participants a duty to take reasonable care in organising the race, including by providing adequate marshals positioned to observe jumps and warn following riders. Given the foreseeable risk that a child rider might fall and be struck, the ordinary practice and purpose of marshals, and the limited ability of a 12-year-old to assess the risk, the failure to station an adequate marshal near the relevant jump was a breach of duty. The evidence supported a finding of a significant interval between the respondent's fall and the collision, so it was probable that a properly positioned marshal using a yellow flag would have prevented the collision. The trial judge's...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']