Judy and Matt have run a land based tourism business for the last 20 years in Derby, Western Australia operating in the Kimberley region of Australia. Judy and Matt are married and they both drive the four wheel drives and buses operated by the business. They share profits equally.

Land-based tourism is seasonal in the Kimberley region with a peak period between May and the end of September. There is a possibility to expand this if Judy and Matt can enter into a formal agreement with some holders of the pastoral leases in the Kimberley. Judy and Matt think that with a bit of imagination, their land based tourism business could run quite successfully for probably 10 months of the year.

Judy and Matt's business is nature based tourismgoing to attractions that would be on large leasehold neighbouring properties and some adjoining conservation and national parks. The way the tourism industry works in this region at the moment is that town-based operators like Judy and Matt take people onto pastoral lease land and onto land in the King Leopold Ranges Conservation Park, which is actually a state government conservation park.

In terms of public liability, Judy and Matt have to have all sorts of licenses to operate a tourism business and public liability insurance, so that the onus for the public liability falls back on the operator.

Judy and Matt would like to expand their business beyond just a camping-tour experience. Judy and Matt think this expansion should cover providing accommodation, meal preparation and other aspects of tourism so as to provide their customers with a complete package. They are worried that the expansion could fail due to unforeseen changes in the future of such things as government restrictions of tourists onto conservation parks. They would not want to lose their house in Derby and the school bus run, which is a lucrative government contract that sees them school bus run between Derby and Broome three times a week. At present, Judy and Matt pay camping fees, entry fees and access fees and incidental costs for access to the properties where they take their customers. At one particular location, Bell Gorge they have a very informal agreement with the leaseholder of the land to pay these sorts of fees. They camped at this location twelve times in the peak period this year and have not paid any fees. Bell Gorge leaseholders claims to be owed $7,200 from Judy and Matt. On a recent trip into the King Leopold Ranges Conversation Park one of their customers, Gisela was injured when she slipped on a wooden stairway whilst viewing aboriginal rock art paintings. The State Government accepts no responsibility for injury in their conservation parks. The State government has a contract with Judy and Matt where Judy and Matt accept responsibility for all their customers whilst they are visiting conservation parks.

Who does Bell Gorge sue if they cannot recover their $7,200 admission fees from the business?

Gisela should sue the State Government or Judy and Matt?