WebFurther, in most contact sport cases, the Dangerous Recreational Activity defence in the CLA will provide protection to associations/clubs and their insurers. Background: a ‘spear tackle’, disciplinary hearing and court proceedings. On 24 April 2016, BVR played NLR. After 32 minutes, Dickson had possession of the ball and Fletcher attempted ... Webdangerous recreational activity defence. It finds that in all Australian jurisdictions, except for ... dangerous recreational activity 5in these jurisdictions. An ‘obvious risk’ has the same meaning in the context of a DRA as it does for other types of activity – being a risk which would be obvious to a reasonable person in the plaintiff ...

NSW Court of Appeal finds intent to tackle does not ... - Hall & Wilcox

WebFeb 3, 2024 · In the latest recent development involving the Dangerous Recreational Activity Defence, the Supreme Court of New South Wales has handed down judgment confirming that the defence applies even to experienced recreational sport participants. The Court’s application of the defence to snow skiing – where it found person-to-person … WebThe State successfully raised a defence to the claim under the 'dangerous recreational activity' provisions in Section 5L of the Civil Liability Act 2002. In its decision the NSW … how do you say imogen in french

Living dangerously: Determining liability for obvious risks in

WebJul 27, 2016 · The NSW Supreme Court has addressed Sections 5K and 5L of the Civil Liability Act 2002 (CLA) and whether the defence concerning dangerous recreational … Web• the defence of obvious risk from a dangerous recreational activity in section 5L of the CLA did not apply Court finds obvious risk of harm from diving into water of unknown … WebFeb 29, 2016 · Plaintiffs may frame their claims to avoid the dangerous recreational activity defence under the CLA QLD. However, the interpretation of section 17 is yet to be judicially determined. phone number to nasa