Camnet Finance Pty Ltd v Blakehurst Aged Care Services Pty Ltd [2020] NSWDC 297

District Court New South Wales

Medium Neutral Citation: Camnet Finance Pty Ltd v Blakehurst Aged Care Services Pty Ltd [2020] NSWDC 297 Hearing dates: 13 – 14 May 2020 Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and verdict for the plaintiff in the sum of $135,910.71; and (2) The defendant pay the plaintiff's costs. Catchwords: CONTRACTS — Contractual construction — Terms – interaction between the contract and its variations led to a dispute concerning terms within the original contract and the variations – dispute as to whether the commencement date of the contract was altered by the variations – where the commercial purpose of the original contract and the variations could only be satisfied by the variations altering the commencement date

CONTRACTS — Construction — Principles – Use of other documents in aid of construction

CONTRACTS — Termination — Breach by terminating party – where erroneous termination led to a default event Cases Cited: Electricity Generation Corporation v Woodside Energy Pty Ltd (2014) 251 CLR 640 Hoyts Pty Ltd v Spencer (1919) 27 CLR 133 Johnston v Brightstars Holding Company Pty Ltd [2014] NSWCA 150 McVeigh, in the matter of Piccolo v National Australia Bank [2000] FCA 187 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104 XL Insurance Co SE v BNY Trust Company of Australia Limited [2019] NSWCA 215 Category: Principal judgment Parties: Camnet Finance Pty Ltd (Plaintiff) Blakehurst Aged Care Services Pty Ltd (Defendant) Representation: Counsel: Mr J. Burnett (Plaintiff) Mr A. Byrne (Defendant)