Cox v Mid-Coast Council

[2021] NSWCA 190

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Dangerous recreational activities
3. › Obvious risk
4. › Characterisation of risk of harm
5. › Appropriate level of generality
6. › Whether risk must identify specific obstruction or may be expressed generically
7. › Civil Liability Act 2002 (NSW), ss 5F, 5K, 5L
1. Negligence
2. › Dangerous recreational activities
3. › Obvious risk
4. › Obviousness of risk
5. › Whether risk of collision with obstruction in splay of unregulated aircraft landing area was obvious to reasonable person in position of plaintiff
6. › Civil Liability Act 2002 (NSW), ss 5F, 5L
1. Negligence
2. › Dangerous recreational activities
3. › Obvious risk
4. › Relationship between risk identified for duty of care and risk identified for s 5L defence
5. › Whether risk for s 5L must be same as risk identified for s 5B
6. › Civil Liability Act 2002 (NSW), ss 5B, 5F, 5L

Quick Take

The risk of harm for s 5L purposes should be characterised at a level of generality that captures the type of harm without descending to the specific mechanism or particular obstruction, consistent with the Menz methodology when advising on dangerous recreational activity defences.