Macquarie Publications Pty Ltd v Coles Supermarkets Australia Pty Ltd [2021] NSWSC 405

Supreme Court New South Wales

Medium Neutral Citation: Macquarie Publications Pty Ltd v Coles Supermarkets Australia Pty Ltd [2021] NSWSC 405 Hearing dates: 12, 13 and 14 April 2021 Decision date: 20 April 2021 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Proceedings to be dismissed Catchwords: CONTRACT – commercial lease of premises used to conduct supermarket business – provision in lease concerning the charge or car parking fee for use of basement car park used by supermarket customers beyond the first hour – charge to be a reasonable charge or fee and an amount previously agreed between parties, both acting reasonably – where parties unable to agree on an hourly fee for the second hour – whether a fee of $0 could be a reasonable charge or fee for the second hour – where parties also negotiating for payment of an annual fee by lessee in exchange for lessor charging no fee to customers for second hour of parking Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Federal Commissioner of Taxation v Ryan (2000) 201 CLR 209; [2000] HCA 4 Harvard Nominees Pty Ltd v Tiller (No 2) [2020] FCA 604 Jackson v TCN Channel Nine Pty Ltd [2002] NSWSC 1229 North Sydney Leagues' Club v Synergy Protection Agency (2012) 83 NSWLR 710; [2012] NSWCA 168 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10 R v Dolding [2018] NSWCCA 127 Sudbrook Trading Estate Limited v Eggleton [1983] 1 AC 444 Troulis v Vamvoukakis [1998] NSWCA 237 Vodafone Pacific Ltd v Mobile Innovations Ltd [2004] NSWCA 15 Texts Cited: Herzfeld & Prince, Interpretation (2nd Ed, 2020, Thomson Reuters) Lewison & Hughes, The Interpretation of Contracts in Australia (2012, Thomson Reuters) Category: Principal judgment Parties: Macquarie Publications Pty Ltd (Plaintiff) Coles Supermarkets Australia Pty Ltd (Defendant) Representation: Counsel: D Weinberger with A Jordan (Plaintiff) J C Conde (Defendant)