Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd

The appellant, Tapp, brought proceedings against the respondent, Australian Bushmen's Campdraft & Rodeo Association Ltd, alleging negligence. The dispute arose from injuries sustained by the appellant during a rodeo event. The case was heard on appeal in the Court of Appeal of New South Wales.

The central legal issues before the court were whether the respondent had breached its duty of care to the appellant and, if so, whether that liability was defeated by the provisions of section 5L of the *Civil Liability Act 2002* (NSW), which relates to the defence of obvious risk. The court was required to consider the meaning of "obvious risk" as defined in the Act and the appropriate level of generality at which such a risk should be identified.

The Court of Appeal affirmed the trial judge's findings. It held that the risk of injury from participating in a rodeo event was an obvious risk, meaning that it was a risk that would have been obvious to a reasonable person in the position of the appellant. The court reasoned that the specific risk of falling from a horse during a campdrafting event, which led to the appellant's injuries, was inherent in the activity and did not require a more granular description to be considered obvious. Consequently, the respondent was not liable for the appellant's injuries under section 5L of the *Civil Liability Act 2002* (NSW).

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.