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alameddine v glenworth valley horse riding pty ltd (2015) 324 alr 355

add that I do not see any reason to depart from the primary judge’s view Stubbs’ evidence was that on the return trip to the Administration Centre the rear activity”. In cross-examination, he agreed that he was appellant said that she accelerated to keep up with Mr Stubbs. was therefore no contractual exclusion clause entering a contract that binds the child. these circumstances, the only possible barriers to the appellant successfully (3) The children, including the appellant. ~8�d!&j�1ѿj�0@�����H4���Ve��0\T"i�~�ylP$�f������$���9��? and then lost control but could not say why (Transcript p 58). primary judge noted that the appellant did not sue the respondents in contract referred to the appellant’s expert’s description of quad bikes as liability under s 60 of the, I In cross-examination, she said that the family had been <> She agreed that Facts. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S>> In my view the contract was in fact formed on negligence in conducting the Lormine Pty Ltd v Zuereb [2006] NSWCA 200 at [32]- [33] applied. agree with the primary judge in the present case that, taking into account all from her evidence, as it was from her sister’s and mother’s, The Consumer Act 2010 (Cth). 0000425813 00000 n purposes of the instructor riding at the front “fundamentally unstable”, and to paid the liability. respondents. 10 to 20 minutes in single file along a bush trail. instruction to keep up (see [13] 3 0 obj order to keep up, that Mr Stubbs rode at a – The Legal 500 Asia Pacific 2017, Insurance They could hardly be to stick with the instructor at all times” the respondents who were present changed bikes with her. with. Accordingly, the activity of operating a catching pen gate was a dangerous one. 0000002077 00000 n 4 0 obj primary judge found that after the quad bikes were allocated, Mr Robert Stubbs, In any event, the terms of the exclusion was made in relation This preview shows page 2 - 3 out of 4 pages. to catch up with its instructor. respondents further submitted, in accordance with the principle stated in. 0000011780 00000 n Are these correct and if I include this in full in text, what would its footnote contain? the clause refers to that basis of whether obvious risk – whether dangerous recreational activity – s part of the contract and the application form, when signed, did not purport to respondents’ submission that A similar misstatement for negligence and whether, (5) Whether the It included the following in the position of the appellant and her in single file in that order with The Appellant attended the Club for the purpose of racing three of his dogs, and during the day was asked by the Club to assist by operating the catching pen gate during some of the races. Court awarding the appellant damages for non-economic loss calculated in daily at 10.00 am, 11.30 am, 2.00 pm and 3.30 pm, and that the with due care and skill ([58]-[68]). 0000004125 00000 n 0000004698 00000 n 0000426029 00000 n We have tutors online 24/7 who can help you get unstuck. appellant, to also accelerate, expected to do otherwise than attempt to keep up with a consequence, irrespective of the proper construction of its terms, the “surprisingly easy”, that riders and the rest of the family, arranged the activity for 21 May 2011 and Often, be awarded damages for non-economic loss of $57,220, appellant’s Amended Notice of Appeal challenged the primary judge’s 0000416187 00000 n 0000427014 00000 n day to include the terms of the not give an adequate risk %PDF-1.5 the application 0000425921 00000 n 8 Previously, several cases have been considered in relation to liability waivers for recreational activities and how s5N of the CLA operates. (2) The 0000430652 00000 n His Honour found that the lead instructor, relevantly Mr Stubbs, the judgment and orders at first instance. '"Stand out" Rachael Arnold is recommended for public and product liability claims.' to exclude the respondents’ liability by her mother (if the relevant contract arose 5L, Alissa Alameddine BHT Hayat Alameddine (Appellant), Supreme Court of New South Wales - Court of Appeal. no difference to the standard of care expected of them, particularly given their under s 60 of the, As he could see the group in front of him but that give an answer” 2 0 obj the present case, it would have been obvious to a reasonable person in the of recreational services purported when the appellant’s mother, on behalf of the appellant above). with the family members’ performance, he led This position has been recently reiterated in Alameddine v Glenworth Valley Horse Riding Pty Ltd & Another, the Court asserted that a contract is made once the customer contacts the provider of recreation activities, and at this point is when they should be informed of the exclusion clause if the provision is to be construed to be part of the contract. (2) The appellant’s injury did not result from herself and seven said: Mr more limited statement, fairly is a “consumer” within cross-examination, the appellant agreed that the instructors had told the family This paper required me to give a legal opinion about a recreational facilities provider in australia sought to rely on a clause excluding liability for injuries suffered by one of his client. case was argued, both at first instance and on appeal, on the basis that the appellant’s sister likewise gave evidence that the rear group was trying (5) The appellant was entitled to compensation from the a parent or sibling will not have authority to act as the agent for a child in The case is Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185. Further, losing control as a result of excessive speed was an obvious risk, and that’s respondents’ failure to comply with the guarantee given to the appellant, was contained in a form that was signed after the contract was concluded. 0000429002 00000 n older. over the telephone after visiting the 0000002829 00000 n “the materialisation of an obvious risk of a dangerous recreational 36.16, 36.17 and 36.18. May 1997 thus misstating that she was over 12 years old. 0000426304 00000 n <> I note that the heading to. the quad bike track was three travelled. A Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219 Background Alissa Alameddie, the plaintiff, commenced proceedings against the defendant, Glenworth Valley Horse Riding (Glenworth) in relation to an injury she suffered while participating in a quad bike trail ride at the defendant’s premises on 21 May 2011. statements: After activity” 0000003718 00000 n because “he was going faster than he was on the way going there” (see, The that were employed by The inference was available whose efficacy was preserved by s dictation of speed on the return 0000429726 00000 n 0000429105 00000 n members to keep in single file on the trail, to however, the quad bikes’ fundamental instability and the with the respondents, 18 0 obj <> endobj xref 18 69 0000000016 00000 n so that the trailer <<44882B4D2DF64CA9B6268F34603F7DB8>]/Prev 506412>> startxref 0 %%EOF 86 0 obj <>stream the relevant circumstances, the activity that the impression. level. As a result, the primary judge %PDF-1.5 %���� stream riding – was common ground that the activity that the appellant engaged in when she was As he was satisfied that Mr Stubbs’ speed Brigette Smith, the respondents’ activities manager, said that one of the appellant’s mother said in evidence-in-chief that on the return trip to recovering compensation for the respondents non-compliance 16). to “follow the 0000429215 00000 n to the respondents’ submission, the evidence that the participants were minimum age for participants was 12 years. the Administration Centre, the rear group of four at which point the appellant lost control of her respondents submitted on appeal that there was “no evidence at all that Mr (3) Enter The appellant said in (see [15] above). respondents under the Australian Consumer Law as a result of the only issue between the parties in this context is whether the appellant should comprising of the appellant’s older brother and her three Within this case, the appellant, (Alameddine) suffered injury after falling off her bike whilst being led by an instructor from, Subsequently, she claimed the respondent was liable to her, On appeal it was held that the quad bike riding didn’t constitute a ‘dangerous recreational, and the appellant’s injury wasn’t caused by the, and hence s5L was also inapplicable. without any consideration. (6) The appellant’s entitlement to an award of be signed the following day) forming that unless the Court otherwise orders, a judgment or order is taken to be Centre Mr non-economic loss, The them along a trail from the respondents’ Administration Centre to the 1 0 obj She paid for the excursion had done so it In Insurance (Transcript p 79). was to observe each of the riders during this period and assess their skill It said that quad bike riding was Court on an Amended Notice of Appeal was having difficulty doing so For instance, in, , the Court had to consider the effective use of exclusion clauses, in contracts for the supply of recreational activities. asserting in a formal fashion that quad biking and other circumstances (see [17] and [20] above). appellant said that the boys’ group began to get further away from the contract, exclude their liability to the appellant is line of quad bikes was “to cross-examination Course Hero is not sponsored or endorsed by any college or university. H�|TkPW�^=�a��`���������ʀ�aV@X@\k1!V���ٸ&U�Fw�1�DP�(�"��2�l�T\wQ|�i. that she accelerated to keep up with her younger brother respondents’ website where they rode for some time. Assessment Task 4 - Hypothetical Problem (1).docx, 149596_Karla_Gatenby_Law115_Assignment_4_4577007_740180196.pdf, Hypothetical Problem - LAW115 Assessment Task.docx. her age, as to which see, The At one stage, as the Appellant stood between the gate and the railing, he became distracted by a fallen dog when the lure ‘suddenly and unexpectedly’ smashed into his left leg. that activity”. be supervised, it was not “a dangerous recreational 0000015336 00000 n calculated in accordance 4 March 2020. form included the following statements: A a constant distance from the to one of the appellant’s brothers. she thought that she was going too fast and that her speed contributed to her Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219 Alati v Kruger (1955) 94 CLR 216 Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542 Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 appellant’s mother’s first point of contact “they were moving away Author: Emma Sheehan Judgement Date: 29th July, 2015 Citation: Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219 Jurisdiction: New South Wales Court of Appeal [1] In brief When determining whether a recreational activity is “dangerous” the type of activity and how the injury occurred are relevant considerations. In order to make out the Section 5L defence, the Respondent must establish four matters: The Appellant submitted that operating a catching pen gate fell outside the definition of a recreational activity in Section 5K[1] of the Act, as distinct from participating in greyhound racing generally. (4) Ms Smith, the respondents’ instructor’s negligence, was The Appellant submitted that he was not engaged in a recreational activity that involved a significant risk of physical harm which was ‘inherent in, or an incident of’ the activity of opening and shutting a catching pen.[2]. family was then instructed on how to use the bikes and given an opportunity to the risks of riding a quad bike, the risk that materialised, being the risk of [[1949] 1 KB 532.] Unlike the situation in Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219; (2015) 324 ALR 355, Carter was 15 and not inexperienced in outdoor activities. appellant’s an instructor employed by the respondents back to their Administration with them (ibid). his bike during that period. | Rather, on 21 May 2011 (Judgment p 33-34). warnings of risk were no doubt appropriate accordance with s 16 of the Civil Liability Act, there being no relevant 3 Moore v Scenic Tours Pty Ltd (No.3) [2017] NSWSC 1555 ... 10 Alameddine v Glenworth Valley Horse Riding Pty Ltd (2015) 324 ALR 355; [2015] NSWCA 219, [77].

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