Event and Time
Event Description
- Date of Incident: 4 December 2015
- Case Title: Glenn Lynch v Anthony Cavallo
- Court Involved: NSW Court
- Relevance: The plaintiff, Glenn Lynch, sustained injuries when he fell from a racehorse named Goldstone during the Mudgee Cup.
Application and Claims
- Plaintiff's Claim: Glenn Lynch sued Anthony Cavallo for negligence, claiming damages due to injuries from the fall.
- Reason for Settlement Application: The plaintiff's mental capacity deteriorated, prompting the appointment of his partner as a tutor to give instructions about the case.
- Defendant's Offer: Mr. Cavallo offered to resolve the matter with a judgment for himself and no order for costs if accepted by the plaintiff, which required court approval.
Judicial Decisions
- The court approved the settlement proposal pursuant to s 76(3) of the Civil Procedure Act 2005 (NSW).
- Judgment for the defendant was entered.
- No order was made as to costs, indicating that each party bears their own expenses.
Dispute Points and Legal Basis
Dispute Points
- Claim by Plaintiff:
- Argued that the injuries were due to the defendant's negligence. - Suggested that there were reasonable prospects for success in the action.
- Defendant's Argument:
- Contended that the injuries arose from the materialisation of an obvious risk associated with a dangerous recreational activity (horse riding). - Invoked the provisions of Division 5 of Part 1A of the Civil Liability Act 2002 (NSW), particularly Section 5K, to suggest that the plaintiff's claim would likely fail due to the inherent risks involved in the activity.