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 sport@gowgates.com.au