Business Law: Shorten v Grafton District Golf Club & Acts Interpretation Legislations

Business Law 1
Business Law

Business Law 2
Part A
Summary of the Shorten v Grafton District Golf Club [2000] NSWCA 58:
In this case, a 13 year old boy Shorten went to play the golf at the Club’s golf course, and while
playing the game, shorten went to recover the ball which had been landed in the rough. Shorten
clearly notice that group of Kangaroos feed in the grass at the same place where ball was landed,
but he ignored this and entered into the rough for the purpose of getting the ball. At that time
Shorten was attacked by the large grey kangaroo and suffered injuries.
The evidence presented by the plaintiff clearly show that club knows about the risk related to the
Kangaroos in context of the attacking the person playing the golf, and almost 4 golfers had
previously been attacked while playing the golf. Plaintiff further states that club has taken the
permission to cull the aggressive kangaroo, and after the attack done on Shorten by the
Kangaroo, a small warning was stated on the board for the golfers playing at the club. In this
case, Shorten file case of negligence against the club.
Trail judge in this case decided that club owned duty towards the Shorten, but still they had not
breached that duty. In this context, Shorten file appeal against this decision in the Court of
Appeal.
There were almost two main issues which required to be resolved by the Court of Appeal:
 Whether club own any duty in context of providing adequate warning to the golfers in
terms of risk of attacking by the Kangaroos?
 What standard of care was expected by the club for the purpose of preventing harm to the
golfers from the aggressive Kangaroos?
In this case, Court held that duty of care of the club also includes the obligation to give adequate
warning to the golfers. Court further stated that club fails to meet standard of care, and liable
towards the Shorten.
Date of the case: This case was decided on 23/03/2000
Court of the case: Court of Appeal of New South Wales
Cause of Action in this case: The cause of action of this case was Tort of Negligence on part of
the golf club.
Judges of the case: This case was decided by the Fitzgerald JA & Priestley JA.
Judge of the District Court:
Case relied upon by His Honour Fitzgerald JA: in this case, Fitzgerald held that club fails to
obliged with the standard of care required by the Act, and also fails to take adequate measures
for the safety of the golfers against the risk of aggressive kangaroos. In this case, judge applied

Business Law 3
the principles of negligence. Duty of care of the club also includes the obligation to give
adequate warning to the golfers. Court further stated that club fails to meet standard of care, and
liable towards the Shorten.
Part 2
9 Australian Acts Interpretation legislations: Following are the 9 Acts with their locations:
Acts Interpretation Act 1987 (NSW)
Acts Interpretation Act 1901 (Common law)
Interpretation Act 1954 (Queensland)
Interpretation Act 1915 (South Australia)
Acts Interpretation Act 1987 (Victoria)
Acts Interpretation Act 1931 (Tasmania)
Acts Interpretation Act 1984 (Western Australia)
Acts Interpretation Act 1901 - Sect 15AA: This section defines the provisions related to the
provisions related to the interpretation best achieving purpose or object of the Act. Section 15AA
states that, while interpreting the provisions of the Act, that interpretation which achieves the
purpose or object of the Act in best manner would be preferred as the interpretation for the
purpose of this Act. It must be noted that, it does not matter whether the purpose or object of the
Act is specifically stated in the Act or not.
In other words, only that construction is preferred under this Act which promotes the purpose
and object of the Act.
Holiday under the Acts Interpretation Act 1901: For the purpose of this Act, holiday in
context of the time for doing a thing actually means, any day which is declared as public holiday
in the place in which the thing is to be or might be done. In case things are done or might be
done at any specific office or any other place, then holiday is considered as that day on which
office or that place is closed for the complete day.
According to the Acts Interpretation Act 1901 when would a person attain the age of 18:
Section 37A of the Act states the provisions related to the attainment of the particular age. This