Holman v Brisbane Roar Football Club Pty Limited
[2021] QDC 300 · Porter QC DCJ
Brett Holman was a professional footballer who played for the Brisbane Roar in the A-League. In April 2018 he hurt his foot during an official match and could not play professional football again until May 2020. His club, the other clubs and the national football body held a group accident insurance policy that paid weekly disability benefits to injured players. The insurer paid out around $369,000, but that money went to the club rather than to Mr Holman, even though the club had only paid him about $198,000 in salary while he was injured. The legal question was whether the player or the club was entitled to the insurance money. The judge carefully construed the wording of the insurance policy and decided that the benefit was meant for the injured player, not the club. The court entered judgment for Mr Holman for the full $369,433.26 plus interest of about $41,800, and ordered the club to pay his legal costs.
Incident & injury
Foot injury sustained while playing in an official A-League football match
- Body regions
- Ankle / foot, Left foot (Left)
- Diagnoses
- Foot injury
- Incident date
- 14 April 2018
- Location
- A-League match (official match on behalf of Brisbane Roar)
Quick facts
- Date of judgment
- 30 November 2021
- Claim type
- Other
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Occupation
- Professional football player (A-League) Professional
- Liability
- Admitted
- Total damages
- $369,433
Outcome
The court found that Mr Holman, as the Assured and Covered Person under the group accident insurance policy, was entitled to the temporary total disablement benefit paid by the insurer to the Club. Judgment was entered in his favour for $369,433.26 plus interest of $41,815.80, with costs.
Defendant
1 Brisbane Roar Football Club Pty Limited
Football Club / Policy Holder (recipient of insurance proceeds as agent)
- Judgment against this defendant
- $369,433
Key issues
Holman v Brisbane Roar Football Club Pty Limited [2021] QDC 300
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