Insurance Law

In Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11, the High Court has recently handed down a judgment concerning duty of care, breach and obvious risks within the context of dangerous recreational activities. At both first instance and on appeal in the New South Wales Court of Appeal, the plaintiff failed in her action for damages.  On appeal to the High Court a slim majority (3:2) overturned the lower court decisions and found in the plaintiff’s favour, awarding damages in the amount of $6,750,000. The case provides interesting insight into the court’s approach to dealing with the probability of harm when engaging in risky pursuits, identification of risk and the obviousness of that risk.

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