NSW Arabian Horse Association Inc v Olympic Co-ordination Authority [2005] NSWCA 210

New South Wales Court of Appeal

CITATION: NSW Arabian Horse Association Inc v Olympic Co-ordination Authority [2005] NSWCA 210

HEARING DATE(S): 10 May 2005

JUDGMENT DATE: 23 June 2005

JUDGMENT OF: Beazley JA at 1; Santow JA at 2; Bryson JA at 50

DECISION: In respect of each application, being CA 40265/04 and CA 40266/04: ; (1) Grant leave to appeal and direct that the Notice of Appeal be filed within seven days. ; (2) Appeal dismissed, with the claimant to pay the opponent's costs of the Summons for Leave to Appeal and the Appeal, on an indemnity basis.

CATCHWORDS: CONTRACT - proper interpretation of contract between the Association and the Authority - Whether breach of obligation to take out public liability insurance - Whether any direct and proximate relationship between the accident and "the Event" to enable public liability insurance "for the Event" (as the contract provided) to cover two individuals attending "the Event" when they fell into a culvert (not on the car park nor on the path to the car park) en route to their car, parked in an adjoining car park under control of the Authority.

Insurance Contracts Act 1984 (Cth) s48 LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946 s5 Supreme Court Act 1970 s101(2)(r)

Buller Ski Lifts Ltd v Mt Buller Alpine Resort Management Board [2000] VSCA 31 CASES CITED: State Government Insurance Office (Queensland) v Crittenden [1966] 117 CLR 412 Whisprun Pty Ltd v Dixon (2003) 200 ALR 447

NSW ARABIAN HORSE ASSOCIATION INC (Claimant/ Appellant) PARTIES: OLYMPIC CO-ORDINATION AUTHORITY (Opponent/ Respondent)

FILE NUMBER(S): CA 40265/04; 40266/04