Singh v Lynch

The appeal concerned a claim in negligence brought by Mr Singh against Mr Lynch, a fellow jockey, arising from injuries sustained during a professional horse race. The primary legal question was whether Mr Lynch was protected from liability by the provisions of the *Civil Liability Act 2002* (NSW), specifically concerning the definition of a "dangerous recreational activity" and an "obvious risk".

The Court of Appeal was required to determine whether professional horse racing constituted a "recreational activity" within the meaning of section 5K of the *Civil Liability Act 2002* (NSW). Further, it had to consider whether the risk of injury arising from riding contrary to the Australian Rules of Racing was an "obvious risk" for the purposes of section 5F of the Act, and if so, whether that risk was inherent in a dangerous recreational activity, thereby defeating Mr Singh's claim under section 5L.

The Court reasoned that the ordinary meaning of "recreational activity" did not encompass professional sporting activities undertaken for remuneration. It held that while horse racing involves inherent risks, the specific conduct of riding contrary to the Rules of Racing was not an obvious risk inherent in the activity of professional horse racing itself. Consequently, the protections afforded by section 5L of the *Civil Liability Act 2002* (NSW) were not applicable to Mr Singh's claim.

The appeal was dismissed, and Mr Singh was ordered to pay Mr Lynch's costs.