Carter v Hastings River Greyhound Racing Club

The appellant, Carter, brought proceedings against the respondent, Hastings River Greyhound Racing Club, alleging negligence arising from injuries sustained while operating a catching pen gate at a greyhound race. The primary dispute concerned whether Carter's actions constituted a "recreational activity" within the meaning of the *Civil Liability Act 2002* (NSW), which would potentially limit the respondent's liability. The matter was heard on appeal in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were: first, whether the operation of a catching pen gate at a greyhound race fell within the definition of a "recreational activity" under section 5K of the *Civil Liability Act 2002* (NSW); and second, if it did, whether the respondent had breached its duty of care to the appellant by failing to take reasonable precautions against the risk of harm. The court also considered whether the definition of "recreational activity" in section 5K should be interpreted literally or if an alternative construction was warranted to avoid potentially anomalous consequences.

The Court of Appeal held that the operation of the catching pen gate was indeed a recreational activity as defined by section 5K of the *Civil Liability Act 2002* (NSW). The court rejected the appellant's submission that the definition imposed an "artificial meaning" on the term "recreational" and declined to read additional words into the statute to avoid potential unintended consequences. The judges reasoned that the ordinary meaning of the words used in the statutory definition supported its literal construction, and that the activity in question was inherently part of the broader context of greyhound racing, which could be considered a recreational pursuit. Consequently, the court found that the respondent was not in breach of its duty of care.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.