MENDONCA and ANOR v SOUTH SYDNEY JUNIOR RUGBY LEAGUE CLUB LTD [1996] NSWCA 359

MENDONCA v SOUTH SYDNEY JUNIOR RUGBY LEAGUE CLUB LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER and BEAZLEY JJA and GILES AJA 11 September 1996, 11 October 1996

[1996] NSWCA 359

S45 Registered Clubs Act, 1976 (NSW) — statutory illegality — refusal of club to pay poker machine winnings to non-members — whether contract between club and non-member valid despite breach of Act.

FACTS:

The appellants entered the South Sydney Junior Rugby League Club to use the club's poker machines. Neither of the appellants were members of that club. Upon entering, one of the appellants showed the doorman his badge to another registered club although neither of the appellant's were asked to sign the visitors' book. In addition, the club's constitutive documents did envisage temporary membership of the club.

Whilst using the poker machines, the appellants won the jackpot. Because the appellants were not members of the club, the club refused to pay the appellants the jackpot money. At trial, Sully J held that for the club to have paid the money would have been to contravene s45 of the Registered Clubs Act, 1976 (NSW).

HELD: By Meagher, Beazley JJA, and Giles AJA agreeing:

A breach of s45 of the Registered Clubs Act, 1976 (NSW) did not invalidate any contract between the registered club and the appellants.

ORDERS:

1. Appeal allowed.

2. Orders of Sully J be set aside.

3. In lieu thereof, judgment be entered for the second appellant in the sum of $97,328.33 together with interest from 23rd April, 1989.

4. The respondent to pay the appellants' costs of the hearing below and in the appeal and to have a certificate under the Suitors Fund Act, 1951.

5. The parties by consent abandon the interest part of O3 and will make an application to the Registrar to list this issue for hearing.

Meagher JA This is an appeal by two plaintiffs, Messrs Helder Mendonca and Julio Santiago, against a decision of Sully J.