Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc

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.