In brief - NSW Court of Appeal unanimously dismisses appeal in
Campbell v Hay
The NSW Court of Appeal has confirmed that the injuries
sustained by a student flying a light aircraft under the
supervision of an experienced flying instructor involved the
materialisation of an obvious risk of a dangerous recreational
activity.
Injury arising from obvious risk
Section 5L of the
Civil Liability Act 2002 (NSW) (CLA) provides that a
person injured whilst participating in a dangerous recreational
activity involving an obvious risk is barred from recovering
damages from another person, notwithstanding that the other person
may have been negligent.
In
Campbell v Hay [2014] NSWCA 129, the NSW Court of Appeal
considered whether harm that occurred to a student flying in a
light aircraft under the supervision of an experienced flying
instructor was the materialisation of an obvious risk of a
dangerous recreational activity.
