Harper v Gold Coast Pistol Club Limited

Harper initiated proceedings against the Gold Coast Pistol Club Limited, contesting the dismissal of her application in a case filed on 4 August 2021. Harper, the caretaker of the club, sought an injunction to enforce what she claimed were terms of her employment, namely that she be allowed to live in the caretaker's cottage for life and that she be the arbiter of whether she could perform her duties as caretaker. The club opposed the application, arguing that there was no basis for the court to find that such terms existed.

The primary legal issue for the court was whether Harper had established a prima facie case that the club had agreed she would live in the cottage for life or that she would be the sole arbiter of her ability to perform her duties. The court was required to determine if the evidence presented by Harper was sufficient to warrant an interim injunction pending a full hearing of the matter.

The court found that Harper had not established a prima facie case that the club had agreed she would live in the cottage for life or that she would be the sole arbiter of her ability to perform her duties. The court held that the evidence did not support the existence of such terms. Consequently, the application was dismissed. The court extended the previous order to allow Harper time to decide whether to appeal to the Federal Court. The substantive application was adjourned for directions.