Case Studies

Unincorporated Associations - personal liability

Mr Smith was a spectator at a greyhound meeting run by the Taree Greyhound Racing Club on 27 March 1965. The grandstand he was in collapsed and he was injured. The club was not incorporated so Mr Smith personally sued the eight members of the committee. The matter went to the NSW Court of Appeal and Mr Smith was awarded $26,500 to be paid by the people on the committee. (Smith v Yarnold & Others 1969 2 NSWR 410)

In August 1973 at a competition clay target shoot run by the Narragin Gun Club, one target launcher misfired and a clay target hit a light tower. A fragment hit a competitor with sufficient force to cause permanent loss of sight in one eye. The injured competitor sued the gun club, which was not incorporated. A dispute with the insurance company over the public liability conditions resulted in the club committee members being personally liable for an undisclosed out-of- court settlement. (Brisbane Courier Mail 18th Feb 1975)