AUSTRALIAN RACING DRIVERS CLUB LTD v GRICE [1998] NSWCA 25

AUSTRALIAN RACING DRIVERS CLUB LTD v GRICE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER, HANDLEY and BEAZLEY JJA 12 August 1998, 12 August 1998

[1998] NSWCA 25

CONTRACTS — construction and interpretation — existence of contract — factual matrix — implied terms

The respondent, a professional racing car driver, was a participant in the 1984 Alpha Romeo racing competition. The trial Judge found that this competition was run by Alpha Romeo as the promoter and the appellant as the overall organiser. The respondent won the competition after a successful appeal from the rejection of his protest at the conclusion of the final race in the series. However in the time between the protest and the appeal the prize for the series (a car) had been delivered to the provisional winner. The Judge found a contract between the appellant and the respondent which the appellant had breached by failing to deliver the prize to him. The appellant challenged certain findings of fact by the trial Judge and his conclusions that the appellant had overall responsibility for the series and that there was an implied term binding on the appellant relating to the distribution of the prize for the series.

HELD: dismissing the appeal: (1) Because all the races in the series had been held at the appellant's track, the trial Judge was correct in finding that the appellant was bound by the contract to determine the result of the series. (2) The express rule as to the awarding of prizes for the individual races in the series governed, by construction or implication, the awarding of the prize for the series. (3) The trial Judge's discretion in making a Bullock order had not miscarried.

Handley JA This is an appeal by the Australian Racing Drivers Club Ltd from a judgment of Taylor DCJ in which he found that a contract existed between the plaintiff, Mr Grice, a professional racing car driver and the Club. The contract as found related to the 1984 Alpha Romeo racing competition which ultimately Mr Grice won following a successful appeal from the rejection of his protest at the conclusion of the final race in the series on 4 August 1984.