Gilsan v Optus [No 2] [2005] NSWSC 38

New South Wales Supreme Court

CITATION : Gilsan v Optus [No 2] [2005] NSWSC 38

HEARING DATE(S) : 15 December 2004

JUDGMENT DATE : 11 February 2005

JUDGMENT OF : McDougall J at 1

DECISION : See para [73] of judgment

CATCHWORDS : CONTRACT - retrospectivity - whether parties could conclude an agreement which adversely affected accrued rights of third party - implied terms - holding over - whether contractual terms expiring at conclusion of one year continued to operate until conclusion of new agreement in the following year - PRACTICE AND PROCEDURE - reopening - whether reasoning in previous decision, but where judgment not yet entered, ought to be reopened - weight of submissions considered both individually and collectively - EVIDENCE - content of applicable foreign law - whether decision of foreign court concerning validity of foreign law is evidence as to the application of that foreign law - JUDGMENTS AND ORDERS - interest rate on judgments - rate - judgment in foreign currency - whether foreign interest rate applicable

LEGISLATION CITED : Evidence Act 1995

Issa v Berisha [1981] 1 NSWLR 261 Coolibah Pastoral Co v The Commonwealth (1967) 11 FLR 173 Toll (FGCT) Pty Ltd v Alphapharm (2004) 79 ALJR 129 De L v Director General, New South Wales Department of Community Services [No 2] (1997) 190 CLR 207 Logwon Pty Ltd v Warringah Shire Council (1993) 33 NSWLR 13 CASES CITED : Wentworth v Rogers [2002] NSWSC 921 Cable and Wireless Optus PLC v Federal Communications Commission (1999) 166 F. 3d 1224 Maschinen Fabrik Augsburg-Nurenburg AG v Altikar Pty Ltd [1984] 3 NSWLR 152 Swiss Bank Corporation v State of New South Wales (1993) 33 NSWLR 63 Neuchatel Swiss General Insurance Co Ltd v Vlasons Shipping Inc [2001] VSCA 25