Menz v Wagga Wagga Show Society Inc

The appeal concerned a personal injury claim brought by the plaintiff, Ms Menz, against the Wagga Wagga Show Society Inc. Ms Menz suffered injury when her horse fell while warming up for an equestrian event at the Wagga Wagga Show. The fall occurred after the horse was startled by noise from children in a nearby area. Ms Menz alleged negligence on the part of the Show Society. The appeal was heard by Leeming, Payne and White JJA of the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the trial judge erred in rejecting the plaintiff's expert evidence, and whether the trial judge erred in finding that the plaintiff's harm did not result from the materialisation of an obvious risk of harm in the course of a dangerous recreational activity, or alternatively, whether the defendant had breached its duty of care under section 5B(1)(c) of the Civil Liability Act 2002 (NSW). The court also considered the appropriate level of generality or particularity required when defining an "obvious risk of harm" and a "dangerous recreational activity" under the Act.

The Court of Appeal found no error in the trial judge's decision to reject the expert report, noting that it was beyond the witness's expertise and failed to disclose the reasoning process as required by section 79 of the Evidence Act 1995 (NSW). Regarding the negligence claim, the court affirmed the trial judge's findings that the risk of a horse being startled by noise was an obvious risk of harm and that participating in equestrian events, including warming up, constituted a dangerous recreational activity. The court also held that the plaintiff had signed a risk warning, which was a significant precaution. Furthermore, the court found that a reasonable person in the defendant's position would not have taken the precaution of stationing marshals in the warm-up area, given the circumstances and the nature of the risk.

The appeal was dismissed with costs.