Business Law Case Summary, Acts Interpretation Legislations, Academic Misconduct Policy

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Authors Note
Course ID

1BUSINESS LAW
Part A
SHORTEN V GRAFTON DISTRICT GOLF CLUB NSWCA 58
Write a 300-word summary of this case?
This case was an appeal against the decision of the lower court that the defendants
had not been negligent. The appellants had raised a cause of action that there was negligence
on the part of the defendant of not providing proper warning about kangaroos coming to the
golf course. The court of appeal unanimously overtured the decision of the district court
stating that the defendants had been liable for negligence. The primary judgement in this case
had been provided by Fitzgerald JA. The judge asked the question there was an obligation on
the part of the respondent to give the appellants and others present in the golf course proper
warning for injury which may be caused by a kangaroo attack. The trial judge held in this
case that the level of risks which were posed by kangaroos was very low and the warnings
talked about in this case are often not taken into consideration. These warning were however
those warnings which were not in the interest of the golfers. It was also evident in the case
that warnings could have been notified easily at almost no inconvenience or cost on the part
of the defendant. It was also known to the defendants that the golfers were subjected to the
risks from the kangaroos and there is no knowledge which they have in relation to the danger
posed to them. The judge held that as there has been a failure on the part of the respondent to
warn golfers about the risk of injury which they had no knowledge about was a breach of the
duty of care which the defendants had towards the appellants even were the risk was small.
Thus the cause of action of the appellant had been established and the defendants were
proved guilty.
What was the date of this case?
The date of this case is 22 March 2000

2BUSINESS LAW
What court was this case heard in?
The case had been heard in the Supreme Court of NSW- Court of appeal
What was the cause of action in this case?
The cause of action in relation to the case was of negligence on the part of the defendant of
not providing proper warning.
Who were the judges in this case?
The judges who addressed this case were Priestley JA, Fitzgerald JA, Heydon JA.
Who was the judge in the District Court?
The district judge in this case was Mahoney DCJ
What was the case relied upon by His Honour Fitzgerald JA?
The case relied upon by Fitzgerald JA was Morgan v Sherton Pty Ltd (1999) 46 NSWLR
141, 145
Part B
Locate and name the 9 Australian Acts Interpretation legislations.
The nine legislations are as follows
1. Interpretation Act 1987 (NSW)
2. Acts Interpretation Act 1954 (Qld)
3. ACTS INTERPRETATION ACT 1901 (Cth)
4. Acts Interpretation Act 1915 (SA)
5. Interpretation of Legislation Act 1984 (Vic)