The High Court has ruled that a game hunter’s membership of a national association’s Compensation Fund created a contractual relationship between him and the association. The decision answers a preliminary question in his case; it does not decide whether the association breached any contractual term or whether he is entitled to the relief he seeks.
The plaintiff, Jim Fitzharris, sued 15 defendants who were members of the National Executive of the National Association of Regional Game Councils and were sued in a representative capacity. He alleged that the association had prevented renewal of his membership in 2004, despite rules requiring his application to be considered fairly and in accordance with the association’s constitution. The defendants denied that a contract existed and argued that private individuals had no right to membership of the association.
The dispute was sent to trial on a preliminary issue: whether the association’s constitution and rules could establish a contract or collateral contract capable of supporting the plaintiff’s claims. In a judgment delivered on 18 December 2008, Miss Justice Laffoy said the question was narrow and had to be considered against the relevant facts and the rules in force when proceedings began in July 2004.
The judge found that, as of 1 August 2003, Fitzharris was a member of Ballitore Game Club and the Compensation Fund. The fund contract governed his relationship with the fund. Under Article III of the National Association’s constitution, a person whose fund contract was validated by the association was a non-voting associate member. The judge concluded that Fitzharris therefore had a contractual relationship with the association, governed by its constitution and rules.
The court answered the preliminary question by finding that a contract existed which could arguably give rise to the plaintiff’s pleaded contentions. It did not determine the contract’s relevant terms, whether any term was breached, or whether the plaintiff was entitled to any of the remedies claimed. Those matters remain for determination in the substantive action.