NSW Arabian Horse Association Inc v Olympic Co-ordination Authority

[2005] NSWCA 210

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction and interpretation
3. › Insurance obligations
4. › Scope of obligation to take out public liability insurance
5. › Whether insurance clause confined by indemnity clause in same contract
6. › Whether 'for the Event' extended to injuries in car park area
1. Contract
2. › Construction and interpretation
3. › Meaning of 'for the Event'
4. › Whether preposition 'for' requires direct and proximate relationship between accident and event
5. › Scope of 'the Event' including parking facilities
1. Insurance
2. › Public liability insurance
3. › Scope of cover
4. › Meaning of 'interested party'
5. › Insurance Contracts Act 1984 (Cth), s 48
1. Appeal
2. › New arguments on appeal
3. › Whether party may raise point not taken at trial
4. › Agreed facts
5. › Supreme Court Act 1970 (NSW), s 101(2)(r)

Quick Take

A contractual obligation to hold public liability insurance 'for the Event' is not confined by a separate indemnity clause in the same contract, and extends to cover injuries sustained in areas integral to the event such as car parks and pathways, where parking was contemplated as part of the event arrangements. The preposition 'for' in such a clause is capable of the widest possible meaning equivalent to 'in respect of'.