Scott v Bucknell

This case concerned an appeal to the High Court of Australia from a decision of the Full Court of the Supreme Court of New South Wales. The appellant, Scott, a station hand employed by the respondent, Bucknell, had been injured when thrown from a horse he was tasked with breaking in. Scott sued Bucknell for negligence, alleging the horse was vicious and unsafe, and that he had been negligently directed to ride it. A jury had initially found a verdict in favour of Scott.

The legal issue before the Full Court of New South Wales was whether Scott could recover damages for negligence if, at the time of his injury, he was riding the horse in accordance with his agreement to break it in. The Full Court considered that the jury should have been directed to determine if Scott had undertaken the risk of injury by agreeing to break in the horse, and if his use of the horse at the time of the accident was referable to that agreement.

The Full Court reasoned that if Scott was using the horse in pursuance of his agreement to break it in, he could not recover for negligence, as he would have undertaken the inherent risks associated with that task. Consequently, the Full Court set aside the jury's verdict and ordered a new trial. The High Court, in refusing leave to appeal, indicated its agreement with the decision of the Full Court.