Grain Technology Australia Ltd v Rosewood Research Pty Ltd (No 4) [2023] NSWSC 822

Supreme Court New South Wales

Medium Neutral Citation: Grain Technology Australia Ltd v Rosewood Research Pty Ltd (No 4) [2023] NSWSC 822 Hearing dates: 15, 17 May 2023 Date of orders: 19 May 2023 Decision date: 13 July 2023 Jurisdiction: Equity Before: Parker J Decision: See [104] Catchwords: CONTRACTS – interpretation – implication or inference from express terms – deed of settlement of monetary claims in ongoing charitable trust proceedings – deed obliged parties to pursue claims for declarations that corporate defendants' assets were held on charitable trust – Court held that corporate defendants' assets were not held on charitable trust – whether implied or inferential obligation on parties to "restructure" basis on which corporate defendants held and administered their assets Legislation Cited: Charitable Trusts Act 1993 Civil Procedure Act 2005, s 73 Corporations Act 2001 (Cth), ss 180, 182 Cases Cited: BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Brambles Holdings Ltd v Bathurst City Council (2001) NSWLR 153 Carlton & United Breweries Ltd v Tooth & Co Ltd (1985) 6 IPR 319 Grain Technology Australia Ltd v Rosewood Research Pty Ltd (No 2) [2019] NSWSC 1744 Grain Technology Australia Ltd v Rosewood Research Pty Ltd (No 3) [2023] NSWSC 238 In the matter of Jimmy's Recipe Pty Ltd (No 2) [2020] NSWSC 632 James Hardie & Co Pty Ltd v Seltsam Pty Ltd (1998) 196 CLR 53 Kabbara v Australian National Sports Club Inc [2020] NSWSC 497 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104 Rankin Investments (Qld) Pty Ltd v CMC Property Pty Ltd [2021] QCA 156 Realestate.com.au Pty Ltd v Hardingham (2022) 97 ALJR 40