Warren v Revesby Heights Ex-Servicemen’s Memorial Club Ltd [2001] NSWCA 465

In this matter Greg Walsh acted for the Appellant who was unsuccessful in Appeal arising from a decision of a District Court Judge to dismiss his claim for damages arising from injuries sustained in an organised billy-cart race on a roadway at Revesby.

The Appellant was watching from the side of the road. The billy-cart race was organised as a charity event and the issue on Appeal as at Trial was liability, namely determining who it was that had organised and controlled the event.

Held: per Stein JA (Mason P and Rolfe AJA agreeing):

1. The trial judge’s conclusion that the first respondent did not organise or control the event was open and consistent with the evidence.

2. It was open to the trial judge to find that the appellant had not established the second respondent was in control of or organised the billy cart race.

3. The trial judge’s finding that the third respondent did not organise or control the 1998 race was open and supported by evidence.

4. The finding that the appellant’s accident was not foreseeable was available on the evidence.

Per Mason P:

1. The failure to erect barriers that would have protected the class of spectators including the Appellant did not indicate a breach of the duty to exercise reasonable care with respect to the safety of spectators and competitors.