NSW Caselaw
New South Wales Supreme Court
CITATION : Eden Productions Pty Ltd v Southern Star Group Ltd (No. 2) [2003] NSWSC 434 revised - 13/06/2003 HEARING DATE(S) : 23/05/03 JUDGMENT DATE : 23 May 2003
JUDGMENT OF : Gzell J DECISION : Matter stood over for further hearing
CATCHWORDS : CONTRACTS - General Contractual Principles - Construction and Interpretation of Contracts - "Interest" includes bill discounts - Profit share year by year includes restitutionary amounts under cross-claim LEGISLATION CITED : Supreme Court Act 1970 Westdeutsche Bank v Islington London Borough Council [1996] AC 669 Commissioner of Taxation v Hurley Holdings (NSW) Pty Ltd (1989) 23 FCR 435 CASES CITED : Willingdale v International Commercial Bank Ltd [1978] AC 834 Brown v National Provident Institution [1921] 2 AC 222 Lomax v Peter Dixon & Son [1943] KB 671 Eden Productions Pty Ltd - Plaintiff PARTIES : Southern Star Entertainment Pty Ltd - 1st Defendant Siuthern Star Group Limited - 2nd Defendant FILE NUMBER(S) : SC 50022/00 COUNSEL : Mr D J Hammerschlag SC/ Mr A P Coleman - Plantiff Mr P M Wood/ Mr V F Kerr - Defendants SOLICITORS : Holding Redlich Freehills, Solicitors
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
GZELL J
FRIDAY 23 MAY 2003
50022/00 EDEN PRODUCTIONS PTY LTD V SOUTHERN STAR ENTERTAINMENT PTY LTD & ANOR (No 2) EX TEMPORE JUDGMENT 1 On 17 December 2002, I published my reasons for judgment ("Reasons") for allowing certain claims of the plaintiff and certain claims of the defendants. The claims I allowed affected the calculation of the net profit of the Hal McElroy- Southern Star Division ("Division") within Southern Star Entertainment Pty Ltd ("SSE") over a number of financial years. I stood the matter over to allow the parties to make submissions on appropriate orders and appropriate calculations of interest. 2 On 4 February 2003, the defendants provided calculations of the plaintiff's share of the net profit of the Division over the years in question on their understanding of my Reasons. On 11 February 2003, written submissions on behalf of the plaintiff were delivered that joined issue on several matters of principle with respect to the defendants' calculations with which I deal hereunder.
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