Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd

The High Court of Australia heard an appeal concerning a claim for damages for personal injury brought by Ms Tapp against the Australian Bushmen's Campdraft & Rodeo Association Ltd. Ms Tapp suffered serious injuries when her horse slipped and fell during a campdrafting competition organised by the Association. Prior to Ms Tapp's fall, four other contestants had also fallen, and an experienced contestant had warned the organisers about the condition of the arena surface. Despite these warnings and falls, the organisers twice refused to stop the competition.

The central legal issues before the High Court were whether the Association breached its duty of care to Ms Tapp, whether any such breach caused her injuries, and whether the harm suffered by Ms Tapp was the result of the materialisation of an obvious risk of a dangerous recreational activity. Campdrafting was acknowledged as a dangerous recreational activity, and the court considered the extent of the Association's obligations to take precautions against risks of harm in such a context.

The High Court reasoned that the Association owed a duty of care to competitors, including Ms Tapp, and that this duty extended to taking reasonable precautions to avoid foreseeable risks of injury. The court found that the repeated falls, coupled with the warning from an experienced contestant about the arena surface, made the risk of further falls foreseeable and significant. The Association's decision not to stop the competition or adequately warn competitors of the specific risks associated with the arena's condition constituted a breach of its duty of care. The court determined that this breach caused Ms Tapp's injuries, rejecting the argument that her harm was solely the result of an obvious risk of a dangerous recreational activity, as the Association had failed to take reasonable steps to mitigate that risk.

Consequently, the High Court allowed Ms Tapp's appeal, setting aside the orders of the Court of Appeal. The High Court ordered that there be a verdict and judgment for Ms Tapp in the agreed amount of $6,750,000, and that the Association pay Ms Tapp's costs.