Farrell v Royal King's Park Tennis Club (Inc)

Carol Farrell ("the plaintiff") sought declaratory and injunctive relief and damages from the Royal King's Park Tennis Club (Inc) ("the Club"). The plaintiff alleged that the Club breached a contractual obligation to treat her fairly in the selection process for members who wished to participate in competitions organised by the Club. The plaintiff sought to imply a term into the contract between the parties which required the Club to consider for selection any member who wished to be considered for selection in a team and to select players for tournaments and competitions in accordance with a process which was conducted fairly, in good faith, and had regard to the ability of the member. The Club denied that the plaintiff was treated unfairly in the selection process and denied that there was any contractual obligation to treat members fairly in the selection process. Johnson J held that the plaintiff had failed to establish the contractual term essential to her claim and the action failed. The plaintiff had failed to establish that the implied term was reasonable and equitable, necessary to give business efficacy to the contract, so obvious that it went without saying, and capable of clear expression.