$ 27K PRIZE FIGHT

Woman to sue RSL claiming club failed to announce name

A WOMAN who claims she was denied a $ 27,000 cash prize after her name was drawn in a Townsville RSL members’ draw is now preparing to sue the organisation.

Hyde Park woman Suzanne Margaret Woods went to the club on Charters Towers Rd on December 2 to dine at Lavaracks Restaurant and enter the draw, according to a court doc- ument filed by her solicitor.

The document states that her name was drawn at 7pm but the club “failed to announce in the restaurant the name”, which was a “breach” of the draw conditions.

“( RSL) thereby deprived the plaintiff of the ability and right to claim and receive the cash prize,” the document reads.

Solicitor Philip Askin filed the statement of claim in Townsville District Court, stating Ms Woods’ intention to sue for $ 27,000 plus court costs and interest on the cash prize.

“Despite demand, the de- fendant has continued to refuse to pay the cash prize,” the document reads.

The claim states that the conditions of the draw were that Ms Woods must be in the club and present herself within 60 seconds of the draw.

“It was an implied and/ or statutory condition of the game that the defendant would immediately announce after each draw in the game throughout the club and including the Lavarack Restaurant,” the document reads.

The draw rules state that if no one collects the prize with- in 60 seconds, another winner is drawn at 8pm. The Bulletin understands that a second winner was drawn and collected the prize that night.

Townsville RSL must file a response to the statement of claim within 28 days and then the matter may go to court.

Townsville RSL president Bill Whitburn declined to comment yesterday.

Professor Stephen Graw from JCU Law said the first step a plaintiff would need to take in such a case would be proving both parties intended to create legal relations. Sec- ondly the plaintiff would need to prove the defendant breached the terms of the contract.

Professor Graw said succeeding with such a claim could be difficult. “She has to prove that it wasn’t announced. I don’t know how she’s going to do that,” he said.

It costs $ 800 to file a statement of claim with the District Court. Professor Graw said solicitors could charge up to $ 300 or $ 400 an hour.

Barristers, who are generally employed in District Court matters, charge between $ 2000 and $ 3000 a day.