Question
Daisy Pomello is the president of the Bundoora Giants (the Giants) under 11 football team. For decades, the Giants have trained twice and week and
Daisy Pomello is the president of the Bundoora Giants (the Giants) under 11 football team. For decades, the Giants have trained twice and week and played on Saturday mornings at their home ground, the Bundoora Meadows oval. Several other football and cricket clubs also use the oval throughout the year, including later on Saturday mornings and on Saturday afternoons in winter.
The Giants pay the Greater North council $5,000 per year for the use of the oval and changing rooms. Two weeks ago, Daisy (in her capacity as club president) received a letter from the council indicating the oval was needed for use by Northern Knights, an adult team in the Victorian Football Association. The council letter explained that the Northern Knights would be charged $20,000 per annum for the use of the ground, which they could pay from ticket sales. The letter concluded by offering to refund the amount of $5,000 paid by the Giants for the 2022 season, on the condition the Giants agree to relocate to the Craigieburn Park oval within two weeks.
Daisy is aghast at the prospect of relocating to Craigieburn Park. Driving to and from the ground in heavy traffic would be a serious imposition on the players' parents time, in contrast to the convenience of the local Bundoora Meadows oval. There is no fee increase involved with the proposed relocation.
Daisy seeks your advice as to:
1 a) does this case refer to a contractual licence or contractual licence paired with a property interest? Please use case law for explanation.
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