Exercise Class Provided By Health Club Not ‘Recreational Services’

Introduction

Anna Kovacevic ('the plaintiff') succeeded with a claim for personal injuries, in the Brisbane District Court, against Holland Park Health Club Services Pty Limited ('the second defendant'). This decision may have ramifications for the operators and insurers of gymnasiums and fitness clubs, and similar entities who generally consider themselves to be providers of 'recreational services' (as that term is defined in the Trade Practices Act 1974 ('TPA')).

Facts and allegations

On 23 July 2005, the plaintiff attended an exercise class ('the class') at a fitness centre ('the fitness centre') owned by Holland Park Holdings Pty Limited ('the first defendant'), and operated by the second defendant.