Australis Media Holdings Pty Ltd v Telstra Corporation Ltd [1999] NSWSC 246

New South Wales Supreme Court CITATION : Australis Media Holdings Pty Ltd v Telstra Corporation Ltd [1999] NSWSC 246 CURRENT JURISDICTION : Equity Division Commercial List FILE NUMBER(S) : 50213/97 HEARING DATE(S) : 17.3.99 and 18.3.99 JUDGMENT DATE : 30 March 1999

PARTIES : Australis Media Holdings Pty Ltd (Receivers and Managers Appointed) and Galaxy Network International Pty Ltd (Receivers and Managers Appointed) v Telstra Corporation Ltd and The News Corporation Ltd JUDGMENT OF : Hunter J

Plaintiffs: MJ Slattery QC COUNSEL : 1st Defendant: SD Rares SC + K Rees 2nd Defendant: MA Pembroke SC + RJ Darke Plaintiffs: Harper Watson SOLICITORS : 1st Defendant: Mallesons Stephen Jaques 2nd Defendant: Allen Allen & Hemsley CATCHWORDS : Contract - construction of terms - implied term - criteria for implication of term - distinction between term to be implied and rationale for implication. CASES CITED : BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266; Australis Media Holdings Pty Ltd v Telstra Corporation Ltd (1998) 43 NSWLR 104; Byrne v Australian Airlines Ltd (1995) 185 CLR 410; Nullagine Investments Pty Ltd v The Western Australian Club Incorporated (1993) 177 CLR 635; Hirsch & Co v Burns (1897) 77 LT 377 (HL); Forsayth Oil & Gas NL v Livia Pty Ltd (No 2) (1985) 9 ACLR 831. DECISION : The agreement between the parties of 9 March 1995 did not contain a term of the kind sought to be implied on the ground that it lacked clarity, was not an obvious implication and was unnecessary to give business efficacy to the agreement.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST