Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc [2020] NSWCA 294
Hearing dates:
1 May 2020
Date of orders:
18 November 2020
Decision date:
18 November 2020
Before:
Basten JA at [1]; White JA at [18]; Simpson AJA at [39]
Decision:
1. Appeal dismissed.
2. The appellant to pay the respondents’ costs of the appeal.
Catchwords:
TORTS – general principles – Civil Liability Act 2002 (NSW) – personal injury – “spear tackle” or “dangerous throw” during a rugby league match – whether “intent to cause injury” – presumption that a wrongdoer intends the natural and probable consequences of his or her conduct.
WORDS AND PHRASES – meaning of “intent to cause injury” – Civil Liability Act 2002 (NSW), s 3B(1) – actual, subjective, intention
NEGLIGENCE – defences – Civil Liability Act 2002 (NSW) – s 5L materialisation of an obvious risk of a dangerous recreational activity – whether intentional act – whether effected with intent cause injury – recreational activity where an intention to cause some degree of injury is likely or common.
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc [2020] NSWCA 294
Case
[2020] NSWCA 294
Decision Date
CaseChat Overview and Summary
The appeal in *Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc* concerned a claim for personal injury arising from a "spear tackle" or "dangerous throw" during a rugby league match. The appellant, the injured player, brought proceedings against the respondent club.
The central legal issues before the Court of Appeal of New South Wales were whether the conduct of the player who executed the tackle was done with the "intent to cause injury" for the purposes of section 3B(1) of the *Civil Liability Act 2002* (NSW), and whether the defence under section 5L of the Act, relating to materialisation of an obvious risk of a dangerous recreational activity, was applicable.
The court considered the meaning of "intent to cause injury" under section 3B(1), concluding that it requires an actual, subjective intention to cause harm. While it is presumed that a wrongdoer intends the natural and probable consequences of their conduct, this presumption does not equate to an actual intention to cause injury. The court found that the tackle, while dangerous and potentially causing injury, was not undertaken with the subjective intent to cause injury as required by the Act. Furthermore, the court determined that the defence under section 5L was available, as the risk of injury from such a tackle was an obvious risk of a dangerous recreational activity, and the activity did not involve an intentional act to cause injury.
The appeal was dismissed, and the appellant was ordered to pay the respondents’ costs of the appeal.
Orders
Orders of the court
1. Appeal dismissed.
2. The appellant to pay the respondents’ costs of the appeal.