Two recent NSW decisions further clarify the liability of
sporting bodies and participants for injuries sustained in the
course of play.
McCracken v Melbourne Storm Rugby League FC
& Ors [2007] NSWCA 353
Facts
Jarrod McCracken, a high profile rugby league player, had
his career cut short on 12 May 2000 as a result of injuries
sustained in a 'spear tackle' whilst playing for Wests
Tigers against the Melbourne Storm (the
Storm).
According to the evidence, Stephen Kearney and Marcus Bai,
both Storm players (and employees) were responsible for the
spear tackle, which involved lifting McCracken's legs off
the ground, raising him into the air, turning him around so
that his head was below his legs and dropping him head first
onto the ground. This resulted in McCracken suffering serious
neck injuries, which prevented him from playing rugby league
ever again. At the time of the injury, the
