Property Law

Cowell v Rosehill Racecourse Co Ltd [1937] 56 CLR 605

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Facts

  • The P bought a ticket and entered the race course.
  • He got a bit rowdy, and was ejected forcibly.
  • The P then sued for battery, stating that the race course had no right to eject him as he had a licence to be there.

Issue

  • Is a ticket/right to view able to be revoked? Is it a property right/license?

Held

  • The right to view a spectacle is a contractual right, not a property right.
  • Therefore it is subject to the terms of the contract, which may mean that a person can be ejected for certain reasons.
  • Not every person who buys a ticket to see a football match has a proprietary interest in the stadium.

Full Text

The full text is available here:  https://jade.io/summary/mnc/1937/HCA/17


-- Download Cowell v Rosehill Racecourse Co Ltd [1937] 56 CLR 605 as PDF --


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