Motor Yacht Sales Australia Pty Ltd v Blann [2020] NSWCA 349

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Motor Yacht Sales Australia Pty Ltd v Blann [2020] NSWCA 349 Hearing dates: 22 April 2020 Decision date: 21 December 2020 Before: Payne JA at [1] White JA at [2] Emmett AJA at [51] Decision: (1) Order that the respondent's notice of motion dated 26 March 2020 be dismissed with costs. (2) Appeal allowed. (3) Set aside the orders of the District Court made on 11 October 2019. (4) In lieu thereof order that judgment be entered for the appellant in the amount of $102,063.87 plus pre-judgment interest pursuant to s 100 of the Civil Procedure Act calculated from 2 January 2019. (5) Order that the respondent pay the appellant's costs of the appeal and of the proceedings below. Catchwords: CONTRACTS — Construction — Interpretation – whether contract for sale of a vessel with an annexed marina berthing agreement form a single agreement – whether special condition to contract for sale imposes an obligation to rent a marina berth for a fixed term – whether special condition is inconsistent with an implied right to terminate on notice arising from the standard terms of the annexed marina berthing agreement – primacy between inconsistent terms Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Cases Cited: Coulls v Bagot's Executor and Trustee Company Ltd (1967) 119 CLR 460; [1967] HCA 3 Dodds v Kennedy (No 2) (2011) 42 WAR 16; [2011] WASCA 131 Motor Yacht Sales Australia Pty Limited trading as The Boat Boutique Company v Robert Blann [2019] NSWDC 558 Category: Principal judgment Parties: Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company (Appellant) Robert Blann (Respondent) Representation: Counsel: D Sulan with M Hall (Appellant) P Bolster with J D Cook (Respondent)