Rugby League –
A former Berkeley Vale Panther attempting to sue the Northern Lakes Warriors Rugby League and Sport and Recreation Club and one of its players has failed his lawsuit in the Court of Appeal.
In August 2019, Michael Dickson took the Warriors to NSW District Court after he suffered severe facial injuries as a result of a spear tackle, which is illegal under the laws of rugby league, performed by then Warriors’ player, Brendan Fletcher, when the two clubs met in the 2016 Country Rugby League Competition.
Dickson commenced proceedings for damages against the club on the basis of the entity being vicariously liable for the actions of its registered player under common law, as well as against Fletcher in accordance with section 3B(1)(a) of the Civil Liability Act on the basis that in tackling him and driving him forcefully to the ground, that Fletcher performed an intentional act to cause injury or death.
Both defendants denied the application of section 3B(1)(a) throughout the entirety of their defences, with the case boiling down to the critical question of whether Fletcher did in fact have intent to cause Dickson serious harm.
In handing down his findings, Judge Alister Abadee found that the defence had sufficiently proven that Fletcher did not tackle Dickson with the intent to cause injury, ruling that neither defendant held any liability.
Dickson appealed the ruling at Sydney Supreme Court on Wednesday, November 18, where the matter was dismissed.
Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc & Anor (No.2) [2019] NSWDC 433
Appeal: Michael Leslie Dickson v Northern Lakes Rugby League Sport & Recreation Club 2019/00278581
Dilon Luke