Zhu v Treasurer of the State of New South Wales

This case concerned an appeal to the High Court of Australia by Zhu against the Treasurer of the State of New South Wales, representing the Sydney Organising Committee for the Olympic Games ("SOCOG"). The dispute arose from an alleged interference by SOCOG with a contract between Zhu and TOC Management Services Pty Ltd ("TOC"), which authorised Zhu to sell memberships in an "Olympic Club" to residents of China. Zhu contended that SOCOG's actions constituted tortious interference with his contractual relations.

The High Court was required to determine several legal issues, including whether SOCOG had obligations under the Olympic Charter and the Host City Contract to protect intellectual property, and whether Zhu had contravened the *Sydney 2000 Games (Indicia and Images) Protection Act 1996* (Cth). Crucially, the Court had to consider whether SOCOG's interference with Zhu's contract was legally justified, particularly in light of contractual obligations owed by TOC to SOCOG, and whether SOCOG possessed proprietary or quasi-proprietary rights that could justify its actions. The construction and effect of a Deed Poll executed by Zhu in favour of SOCOG, and its consistency with other agreements, were also central to the determination.

The High Court allowed Zhu's appeal, setting aside the orders of the Court of Appeal of the Supreme Court of New South Wales. The Court found that SOCOG's argument regarding justification had not been properly emphasised or substantiated at trial, despite its success on appeal. The Court of Appeal had assumed that Zhu's marketing activities involved the use of "Sydney 2000 Games indicia" and images, thereby contravening the *Indicia Act*. However, the High Court's reasoning, which occupied a significant portion of the judgment, ultimately led to the conclusion that SOCOG's interference was not justified.