To tee or not to tee – that is the question?

John Maher v Mark Lidbury [2011] DCNSW

Moray & Agnew were successful in obtaining a verdict for the defendant in a claim for personal injuries suffered at the Beresfield Golf Course. On 18 March 2011, Judge Rolfe of the District Court of NSW gave an ex tempore judgment in this matter.

Facts

On 22 July 2007, Mr Maher ('the plaintiff') and Mr Lidbury ('the defendant') were participating in a charity golf day at the Beresfield Golf Course in Newcastle. It was an Ambrose event (in which a group of four play the best shot in the group with a view to obtaining the lowest score on the hole). The plaintiff and the defendant were playing in different groups. The third and fourth hole of the course ran 'head to toe' and parallel. There was a small creek that cut both fairways and a small bridge that led from the third fairway to the fourth fairway.