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

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

Clause 6 requiring public liability insurance for the Event operates independently of the indemnity provision in clause 22 and encompasses areas integral to the Event, including parking and access routes. The injuries sustained in the culvert adjacent to the car-park were within the scope of 'for the Event,' so the Association breached its contractual insurance obligation, justifying the Authority's damages claim.

Parties
Claimant/appellant: NSW Arabian Horse Association Inc; Claimant/appellant: M R Lawson; Opponent/respondent: Olympic Co-ordination Authority
Jurisdiction
Australia
Judgment Date
23 June 2005
Procedural Posture
Appeal / Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Interpretation of Contract, Public Liability Insurance, Indemnity Clauses, Extension of Insurance Coverage
Contract Law Insurance Law Interpretation of Contract Public Liability Insurance Indemnity Clauses Extension of Insurance Coverage

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Parties

NSW Arabian Horse Association Inc

Claimant/appellant

M R Lawson

Claimant/appellant

Olympic Co-ordination Authority

Opponent/respondent

Procedural Posture

Appeal / Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Proper interpretation of contract between the Association and the Authority
  2. 2 Whether breach of obligation to take out public liability insurance occurred
  3. 3 Whether injuries sustained by individuals in culvert adjacent to car-park were covered by insurance 'for the Event' as per contract

Ratio Decidendi

Clause 6 requiring public liability insurance for the Event operates independently of the indemnity provision in clause 22 and encompasses areas integral to the Event, including parking and access routes. The injuries sustained in the culvert adjacent to the car-park were within the scope of 'for the Event,' so the Association breached its contractual insurance obligation, justifying the Authority's damages claim.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal and direct Notice of Appeal to be filed within seven days.
  • Appeal dismissed.