The Court held that it is reasonably arguable that the Constitution of the Liberal Party of Australia NSW Division may create contractual relations between financial members and the State Executive, at least in circumstances where the claim concerns a failure to perform administrative nomination tasks rather than an internal party dispute resolvable through domestic tribunals — thereby distinguishing Cameron v Hogan and the Cockman v Gorman line of authority. The Court further held that a duty of care owed by party officers (State Director and Deputy State Director) to endorsed candidates to exercise reasonable care in processing election nominations is reasonably arguable on the salient features approach, notwithstanding that the claim is for pure economic loss. The question of whether such a contract or duty of care is ultimately established remains unresolved and will proceed to trial.
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