Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited

The High Court of Australia considered an appeal from the New South Wales Court of Appeal concerning the liability of the Australian Bushmen's Campdraft & Rodeo Association Limited (the Association) to Mr. Tapp. Mr. Tapp suffered serious injuries when he was thrown from a horse during a campdrafting event organised by the Association. He alleged that the Association was negligent in its organisation and supervision of the event, and that this negligence caused his injuries. The Association denied negligence and argued that Mr. Tapp voluntarily assumed the risks inherent in participating in the sport.

The central legal issue before the High Court was whether the Association owed a duty of care to Mr. Tapp, and if so, whether it breached that duty. Specifically, the Court had to determine whether the Association took reasonable precautions to prevent foreseeable risks of injury to participants in the campdrafting event, or whether the risks were so inherent to the sport that no duty was breached. The Court also considered the scope of the defence of voluntary assumption of risk in the context of sporting injuries.

The High Court, in a majority decision, found that the Association did owe a duty of care to Mr. Tapp. The Court reasoned that while campdrafting is an inherently risky sport, the Association, as the organiser, had a responsibility to take reasonable steps to minimise foreseeable risks. The majority concluded that the Association had failed to do so in several respects, including inadequate supervision and the failure to implement appropriate safety measures. The Court rejected the Association's defence of voluntary assumption of risk, finding that the risks Mr. Tapp encountered were not merely inherent to the sport but were exacerbated by the Association's negligence.

The High Court allowed the appeal, setting aside the decision of the New South Wales Court of Appeal. The matter was remitted to the trial court for the assessment of damages.