Goode v Angland

The appeal in *Goode v Angland* concerned a negligence claim brought by the appellant, a professional jockey, who suffered injury during a fall while racing. The respondent was another jockey in the same race. The appellant alleged that the respondent had negligently moved his horse in front of the appellant's horse at an unreasonable time, causing the fall. The primary judge had found in favour of the respondent.

The Court of Appeal was required to determine whether the primary judge erred in finding that the respondent did not breach his duty of care to the appellant. Specifically, the court considered whether the respondent's actions in moving his horse constituted negligence, and whether the primary judge had improperly used photographic and video evidence to reach her findings about the cause of the fall. A further issue was whether the Civil Liability Act 2002 (NSW), particularly sections 5K and 5L, applied to the circumstances, and if so, whether professional horseracing constituted a "recreational activity" for the purposes of the Act.

The Court of Appeal dismissed the appeal, finding that the primary judge had not erred in her assessment of the evidence or her application of the law. The court held that the primary judge was entitled to rely on the video and photographic evidence to make findings of fact. Furthermore, the court determined that professional horseracing did not fall within the definition of a "recreational activity" as contemplated by sections 5K and 5L of the Civil Liability Act 2002 (NSW), meaning the protections afforded by those sections were not available to the respondent. However, this did not alter the outcome, as the primary judge's finding that the respondent had not breached his duty of care was upheld on the facts.

The appeal was dismissed with costs.