Revisiting Obvious Risk In Dangerous Recreational Activities


What this means for Insurers ….

The New South Wales Court of Appeal has once again taken into consideration whether the ‘dangerous recreational activity defence’ applies in the context of a professional horse race.

The NSW Court of Appeal has dismissed the appeal of Hari Singh (Appellant), a professional jockey, against Glenn Lynch (Respondent), another jockey, arising from serious injuries sustained when his horse fell during a race meeting at the Tamworth Racecourse in August 2012.

This result provides reassurance for defendants/insurers seeking to rely on the dangerous recreational activity defence in

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