The New South Wales Court of Appeal in Fairall v
Hobbs1 recently overturned a decision of a trial
judge in favour of a plaintiff who was thrown from his 'traffic
trained' horse named Buck, and against the CTP insurer of a
motorist who passed the plaintiff riding Buck on the opposite side
of the road, which allegedly caused Buck to 'buck' causing
the plaintiff to dislodge from Buck and fall onto the concrete kerb
and gutter, suffering personal injuries. MACA, is the Motor
Accidents Compensation Act 1999 (NSW), which the trial judge
found was applicable to the plaintiff's injuries.
The very long 'tale' in the title alludes to the trial
judge's oral decision which spanned 17 hours over 4 days, with
the reasons being 138 pages long. From the outset, it seems to
clear to the writer that the NSWCA were unimpressed, and somewhat
bemused, with how the 4 day oral delivery could be an efficient use
of the court's resources and the minimisation of cost and
delay, of course
