Professional sport and the dangerous recreational activity defence

In brief - in Singh bhnf Ambu Kanwar v Lynch [2020] NSWCA 152, the New South Wales Court of Appeal considered whether the dangerous recreational activity defence applies in the context of a professional horse race

A five judge Court has unanimously held that professional horse racing is a recreational activity within the meaning of section 5K of the Civil Liability Act 2002 (NSW) (CLA), however only a 3-2 majority considered that the appellant's injuries arose from the materialisation of an obvious risk (being collided with by a careless competing rider) of professional horse racing.

The full Court of the NSW Court of Appeal comprised Basten, JA, Leeming JA, Payne JA, McCallum JA and Simpson AJA, and was required because the Court was asked to reconsider one of its earlier decision being Goode v Angland [2017] NSWCA 311 which held that professional horse racing was a dangerous recreational activity.