NSW Caselaw
New South Wales Court of Appeal
CITATION: Optus Networks Pty. Limited v. Gilsan (International) Limited [2006] NSWCA 171 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 29, 30, 31 May and 1 June 2006
JUDGMENT DATE: 5 July 2006
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; McColl JA at 116
DECISION: The appeal of Optus should be allowed on the holding over issue and the retrospective effect of the confidential agreements; but otherwise its appeal and the cross-appeal of Gilsan should be dismissed.; Ordered that Short Minutes be brought in dealing with disposition of appeal and cross-appeal and with costs.
CATCHWORDS: CONTRACT - Construction of formula determining amount of payments - Implication as to terms on which business transacted after end of contractual period - Construction of term providing for adjustment of payments - EVIDENCE - Proof of law of foreign country without calling expert - Judicial notice as to whether books would be used in court of that country - Application of presumption of continuance.
LEGISLATION CITED: Evidence Act 1995 ss.174, 175
Andar Transport Pty. Limited v. Brambles Limited [2004] HCA 28, 217 CLR 424 Brambles Limited v. Wail [2002] VSCA 150, (2002) 5 VR 169 CASES CITED: Cable & Wireless PLC v. Federal Communications Commission, 12 January 1999 (166 Federal Reporter, 3rd Series, 1224) David Securities Pty. Limited v. Commonwealth Bank of Australia (1992) 175 CLR 353 Goss v. Chilcott [1996] AC 788 Ralli Brothers v. CIA Naviera Sita y Aznar [1920] 2 KB 287
PARTIES: Optus Networks Pty. Ltd. - appellant Gilsan (International) Limited - respondent
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