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NSW Court of Appeal confirms ‘dangerous recreational activity’ defence under CLA available in context of professional sports

In Goode v Angland, the Court of Appeal considered the application of section 5L Civil Liability Act 2002 (NSW) (CLA) to a personal injury claim by a professional jockey injured during a horse race. 

The Court held that professional horseracing is a ‘recreational activity’ for the purposes of section 5K CLA, enabling the defendant to successfully argue that the statutory defence of ‘obvious risk’ of a ‘dangerous recreational activity’ applied to defeat the claim.  

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