Menz v Wagga Wagga Show Society Inc [2020] NSWCA 65 (21 April 2020) (Leeming JA at [1]; Payne JA at [131]; White JA at [132].)


Catchwords:


EVIDENCE – expert evidence – trial judge rejected expert report as beyond witness’ expertise and not disclosing reasoning process – Evidence Act 1995 (NSW), s 79 – no error established

NEGLIGENCE – personal injury – plaintiff’s horse fell while warming up before competing in equestrian events – plaintiff’s horse “spooked” by noise made by children near warm-up area – whether plaintiff participating in dangerous recreational activity – whether plaintiff’s harm resulted from materialisation of obvious risk – appropriate level of generality or particularity of “obvious risk of harm” and “dangerous recreational activity” – Civil Liability Act 2002 (NSW), ss 5F, 5K and 5L considered – whether plaintiff had established a reasonable person in defendant’s position would have taken precaution of stationing marshals in warm-up area – significance of risk warning signed by plaintiff as a precaution – Civil Liability Act s 5B(1)(c) considered – appeal dismissed