Supreme Court rules on proposed settlement in Wagga horse fall case

The plaintiff was four years old when she attended the NSW Country Showjumping Championships in November 2017 with her mother and another child.

While at the event, which was organised by the Riverina Equestrian Association and Equestrian Australia Ltd and held at Charles Sturt University, the girl was injured when a horse fell and landed on her. It is alleged the rider did not maintain the control of the horse.

Personal injury proceedings were launched against both equestrian associations, CSU and the rider in November 2020 in the NSW District Court, however the lawsuit was transferred to the Supreme Court in July this year.

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According to the suit, the girl sustained numerous injuries in the incident, including a fractured skull and temporal bone, moderate traumatic brain and closed head injuries, lacerated spleen, permanent hearing loss in her left ear and facial nerve palsy.

An optometrist in 2019 also noted the plaintiff has reduced vision in one eye.

Counsel for the plaintiff, Kelvin Andrews, previously estimated the extent of damages could be between $825,000 and $1.02 million.

The defendants argued the medical evidence "did not support an assessment of damages over $500,000".

In court last Wednesday, Justice Campbell noted claims the proposed settlement amount was about a third of a "realistic" figure. He also noted some uncertainty over liability surrounding the incident but did not agree this justified such a "heavy compromise."

"I am not satisfied that viewed objectively... the settlement is in [the plaintiff's] best interests," he said.

Justice Campbell said despite any questions over liability, there was no question the injury was "very serious".

He ruled to disapprove of the proposed settlement and returned the proposed consent orders to the parties.

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