Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Goode v Angland [2016] NSWSC 1014 Hearing dates: 6-8, 12-15 October, 16-19, 24, 25, 27 November 2015 Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Common Law Before: Harrison J Decision: Verdict for the defendant.
Catchwords: TORT – negligence – personal injury – jockey injured in fall from horse during country race meeting – whether defendant negligently caused or permitted his horse to take plaintiff’s running – whether plaintiff’s horse advanced into a position of danger – Civil Liability Act 2002 s 5K – dangerous recreational activity – whether recreational activity includes professional horseracing Legislation Cited: Civil Liability Act 2002 Cases Cited: Appo v Stanley [2010] QSC 383
Belna Pty Ltd t/a Fernwood Fitness Centre Parramatta v Irwin [2009] NSWCA 46
Caldwell v Maguire [2001] EWCA (Civ) 1054
Dodge v Snell [2011] TASSC 19
Grassi v Brandt (1986) Aust Torts Reports 80-010
Johnston v Frazer (1990) 21 NSWLR 89
Kliese v Pelling [1998] QSC 112
Leichhardt Municipal Council v Montgomery [2007] HCA 6; (2007) 230 CLR 22
Moloughney v Wellington Racing Club [1935] NZLR 800
Motorcycling Events Group Australia Pty Ltd v Kelly [2013] NSWCA 361
Project Blue Sky Inc v Australian Broadcasting Authority [1988] HCA 28; (1988) 194 CLR 355
Roads and Traffic Authority v Dederer (2007) 238 ALR 761
Rootes v Shelton [1967] HCA 39; (1967) 116 CLR 383
Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517
Woods v Multi-Sport Holdings Pty Ltd [2002] HCA 9; (2002) 208 CLR 460
Wooldridge v Sumner [1963] 2 QB 43Category: Principal judgment Parties: Paul Goode (Plaintiff)
Tye Angland (Defendant)Representation: Counsel:
Solicitors:
A J Bartley SC with F Toscana (Plaintiff)
J Sexton SC with D Lloyd (Defendant)
Ken Cush & Associates (Plaintiff)
Lee and Lyons Lawyers (Defendant)
File Number(s): 2012/190052 Publication restriction: Nil
Judgment
-
HIS HONOUR: On 29 June 2009, Mr Goode was riding a horse named Shot of the Rails in race 7 over 1640 metres at the Queanbeyan Racecourse. Mr Angland was a jockey riding Port Gallery in the same race. Shortly after the start of the race Mr Goode was thrown from his mount when it fell. Mr Goode sustained catastrophic injuries which have left him confined to a wheelchair for the rest of his life.
-
Mr Goode alleges in these proceedings that his injuries, loss and damage were caused by Mr Angland’s negligence or breach of duty by riding in such a manner as to cause interference to Mr Goode and his mount. Mr Angland denies these allegations.
Background
-
In the events that occurred, the actual incident that gives rise to these proceedings, as well as the events immediately preceding and succeeding it, are captured on video by a series of cameras located at various points around the Queanbeyan Racecourse. These video recordings, as well as a large series of still pictures derived from them, became evidence in these proceedings. It will be…
Continue reading Goode v Angland
Sign in free to access the full text
- AGLC
- Goode v Angland [2016] NSWSC 1014
- Case
- [2016] NSWSC 1014
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court addressed was whether Angland's control of his horse during the race constituted negligence that led to Goode's injury. The court needed to assess the standard of care expected from jockeys in a professional racing context and determine whether Angland's actions fell below this standard. Furthermore, the court had to decide if the plaintiff's horse had moved into a position of danger as a result of Angland's conduct, and if so, whether this movement contributed to the accident. Another significant aspect was whether professional horseracing could be classified as a dangerous recreational activity under the Civil Liability Act 2002, which would potentially limit the liability of participants.
The court found that Angland's conduct did not amount to negligence, as he had taken all reasonable steps to control his horse during the race. The court determined that the plaintiff's horse did not advance into a position of danger due to Angland's actions. Additionally, the court held that professional horseracing did not constitute a dangerous recreational activity under the Civil Liability Act 2002. Therefore, the plaintiff's claim was dismissed, and the court found in favour of the defendant. The judge ruled that Angland had not acted negligently and that the activity of professional horseracing did not fall within the scope of the statutory provisions limiting liability for dangerous recreational activities.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.