Koondoola Pastoral Company Pty Ltd v Woodlawn Pastoral Pty Ltd [2009] NSWDC 327

New South Wales District Court

CITATION: Koondoola Pastoral Company Pty Ltd v Woodlawn Pastoral Pty Ltd [2009] NSWDC 327

HEARING DATE(S): 12-13 November 2009, 18 November 2009

JUDGMENT DATE: 9 December 2009

EX TEMPORE JUDGMENT DATE : 2 December 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

Orders in accordance with the Short Minutes of Order signed and dated 9 December 2009 DECISION: Verdict and judgement for the plaintiffs as set out in paragraph 1 Verdict and judgement for the cross-defendants on the cross-claimant's cross claim as set out in paragraph 2 Paragraph 3 noted and the exhibits are returned as noted in paragraph 4

CATCHWORDS: CONTRACT FOR SUPPLY OF WATER - Construction of terms - Whether provisions totally in writing - Partly express oral or partly implied - Whether frustrated by less than anticipated water flows

LEGISLATION CITED: Water Management Act 2000

BP Refinery (Westernport) Pty Limited v Hastings Shire Council 52 ALJR 20 Codelfa Construction Pty Limited v State Rail Authority of New South Wales 149 CLR 337 CASES CITED: Davis Contractors Limited v Fareham Urban District Council [1956] AC 696 National Carriers Limited v Panalpina (Northern) Limited [1981] AC 675 Toll (FGCT) Pty Limited v Alphapharm Pty Limited 219 CLR 165

PARTIES: Koondoola Pastoral Company Pty Ltd (Plaintiff/Cross-Defendant) Woodlawn Pastoral Pty Ltd (Defendant/Cross-Claimant)

FILE NUMBER(S): 337/2008

COUNSEL: S J Stanton and L Wilson (For the Plaintiff/Cross-Defendant) M Hadley (For the Defendant/Cross-Claimant)